ISLAMABAD: The Capital Development Authority has decided to challenge the Islamabad High Court’s interim order that directed it to de-seal Bari Imam House.
The IHC had on November 3 directed the CDA and other respondents to ‘forthwith de-seal the premises’ and barred any further demolition until the next hearing.
The order came on a petition filed by Mohammad Akmal, the caretaker of the premises, through Advocate Syed Shajjar Abbas Hamdani. The CDA, which sealed the premises on October 30 in a joint operation with the district administration, claimed the structure stands on government land and was among properties identified for action under its antiencroachment drive.
The authority had previously cleared encroachments around Bari Imam House but left the main building untouched.
According to the petition, the house, located opposite the shrine of Hazrat Bari Imam Sarkar in Nurpur Shahan, comprises a mosque and a Langarkhana.
The petitioner claimed that the land was an exempted shrine property that was never acquired, no award was announced and no compensation was paid.
The petition stated that the additional deputy commissioner (revenue) along with other CDA officials sealed the premises without any notice or opportunity of hearing and installed an Auqaf Department board at the gate. It alleged that the action violated Articles 4, 10A, 20, 23, 24 and 25 of the Constitution.
The CDA maintained that the operation was part of its campaign to retrieve government land and remove illegal structures, and that further action will follow in accordance with the rules.
The court while issuing a restraining order last week had issued notices to the respondents to file their report and para-wise comments within two weeks. Staff Reporter