ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition Kled against the sealing of the under-construction Grand Hyatt hotel and 28-storey residential apartments adjacent to the Convention Centre.

The petition was moved by BNP (Private) Ltd, against the sealing of its 13.5-acre-land on which the high-rise serviced apartments and the Grand -Hyatt hotel were being built.After sealing the land on July 1, the CDA cancelled its lease on July 29.

The IHC bench, comprising Justice Mohsin Akhtar Kayani, in its judgment noted: `Keeping in view the above referred circumstances and changed scenario, the instant writ petition has become infructuous as the CDA board has finally decided the entire matter and even allotment of plot.

Explaining the July 2 restraining order on the BNP`s petition against the sealing of the area, the bench added that the order was only to the extent of pre-serving the structure of the building.On July 1, the CDA sealed the area while on July 2 the BNP obtained a stay order from the IHC.

But on July 29, the civic agency cancelled the lease of the land and informed the IHC about it on August 1. On August 3, the CDA produced a lease cancellation letter before the IHC after which the court reserved its judgment that was announced on Thursday.

During the proceedings, CDA counsel Kashif Ali Malik argued before the court that the civic body had the powers to decide the matter in accordance with law.

Butthecounselforthe BNPgroupcontended that it was mala fide on part of the CDA to cancel the lease as the case was pending before the court. He said the civic body terminated the lease just to make the petitioner`s case against the sealing of the area less effective.

The counsel requested the court to restrain the CDA from demolishing the building structures.

In a report on July 20, the CDA had informed the IHC about the illegalities committed in the lease of the land andlater in the building by-laws. It explaine d how the lease of the land was extended from the original 33 years to 99 years, the builder was allowed to construct 240 apartments instead of the original 124 flats and payment of the lease amount rescheduled from 2015 to 2026.

Sealing of Safa Gold Mall challenged The management of the Safa Gold Mall in Jinnah Super Market filed a petition in the IHC against the sealing of the building. Earlier, the mall`s management had filed two applications with a civil court and the district and sessions court which were rejected.

The IHC single-member bench will hear the matter on Friday.

The CDA sealed the mall for violating building codes and the original layout plan on July 28. The CDA said the actual measurement of the plot on which the mall was built was 3,177 square yards but the owner occupied the surrounding area in violation of the rules.

CDA counsel Kashif Ali Malik informed the court that the owner notonly constructed two additional storeys but also occupied a nearby nullah after covering it with a concrete structure.

The space over the nullah was being used to install heavy generators and airconditioning plants for the mall.

Af ter CDA sealed the premises, its management filed an application with the civil court and then with the sessions court.

In his ruling, the additional district and sessions judge, Faizan Haider, said contrary to the arguments of the Safa Mall management that the building was sealed without issuing them any notice in advance, the record showed that the CDA had issued a number of notices since 2013 for the violation of the building code, zoning regulations and nonpayment of outstanding dues.

The mall management also failed to produce any completion certification as well as the final building approval plan in supportofits contention,he added.

`Neither any arguable case existed in favour of the appellant nor any balance of convenience lies in its favour,` the court held, adding: `The appeal is devoid of merit and hence dismissed.