ISLAMABAD: An additional district and sessions judge (ADSJ) on Wednesday rejected an appeal by the Safa Gold Shopping Mall against an order to seal the mall premises.

An earlier application filed by the mall management on July 30 against the sealing of its premises before a civil court was rejected as well.

The management then filed an appeal against the decision of civil judge Ihtisham Alam Khan before ADSJ Faizan Haider.

The Capital Development Authority (CDA) sealed the shopping mall in Jinnah Super Market, F-7, on July 28, for violating building codes and the original layout plan. In addition to the 3,177 square yard plot for the mall, the mall owner had also occupied surrounding areas.

The CDA claimed the owner constructed two additional storeys, and occupied a nearby nullah by constructing a concrete rooftop on it and including it in the mall. The occupied portion of the nullah is being used to house heavy generators and the mall`s air conditional plants.

After the authority sealed the mall, its management filed an application with a civil court asking it to set aside the order to seal the mall. The management argued that the CDA took action without giving them an opportunity to present a defence.

The management also claimed that additions and alterations to the building layout plan were made after approvals from the concerned of ficials were obtained.

The CDA`s counsel, Kashif Ali Malik, said corrupt elements within the authority had allowed undue, post-bid approvals to the mall owners. He said the authority is taking legal action against its own officials for extending undue favours to the mall owners.

The CDA`s submissions to the court said its preliminary inquiry had found that CDA officials connivance helped the mall management increase the number of storeys from the ground floor plus four floors to the ground floor plus seven floors. It also pointed out that the building plan that was approve d for the construction of a cinema in 2012 was illegal, because the plot in question was not meant for a cinema house.

Mr Malik also said the mall`s owners have not paid all of the CDA`s outstanding dues and is a defaulter to Rs650 million.

He said the Islamabad High Court (IHC) issued a verdict against the change in the mall`s layout plan, and observed that post-bid changes were illegal. He said this order remains intact, since the mall management did not challenge it before any forum.

Grand Hyatt case IHC Justice Mohsin Akhtar Kayani deferred his decision to issue a stay order or maintain the status on the CDA`s order to cancel the lease of the under construction Grand Hyatt Hotel and its adjacent high-rise apartments.

BNP`s counsel Malik Qamar Afzal filed a miscellaneous supplementary petition against the termination of lease, during the hearing of a petition filed against the sealing of the under construction apartments and hotel site.

`This court cannot entertain a miscellaneous petition, Mr Kayani said, adding that a separate petition may be moved against the CDA`s latest action. Mr Afzal then argued that he would file another petition, and asked the court to restrain the CDA from dispossessing BNP of the site.

Mr Kayani reserved his order in the matter and adjourned the hearing until the date fixed by the registrar`s of fice.