Increase font size Decrease font size Reset font size

Deadline set for filing suggestions against nonconforming use

Bureau Report 2016-12-08
PESHAWAR: A Peshawar High Court bench on Wednesday gave one month time to a provincial government`s special committee to finalise recommendations for ending nonconforming use of residential units in the provincial capital`s posh area of University Town.

It however ruled that the recommendations should be in line with the earlier judgments of the superior courts on the issue.

Justice Waqar Ahmad Seth and Justice Mohammad Ibrahim Khan later fixed for Jan 18 the hearing into a contempt petition filed by several University Town residents on the matter.

The bench observed that it would examine the recommendations for legitimacy.

It also issued a stay order against the construction of a commercial plaza on Old Jamrud Road in University Town and directed thePeshawar Development Authority to explain why it had issued no objection certificate for the purpose despite the court`s clear orders against any commercial activity in the area.

The bench directed the administration of Town III, where University Town is located, to continue with the operation for end to commercial activities in the area.

Provincial advocate general Abdul Lateef Yousafzai informed the bench that the provincial government wanted to resolve the issue amicably and for that purpose recently the chief minister had constituted a two-member committee, which would put forward its recommendations.

The bench asked AG why a committee was formed after the high court issued clear orders for ending all commercial activities in the area.

The AG said the recommendations of the committee would be submitted before the court and that they would be implemented after the court`s approval.

Qazi Jawad Ahsanullah Qureshi and Khursheed Khan, counsel for the petitioners, said the high court delivered the relevant judgment in 2003, which was later upheld by the Supreme Court.

They said the high court had issued direc-tives to the government in March 2015 to immediately end commercial activities in University Town residential units and had given four months` time for ending educational institutions and health facilities in residences.

The counsel said the court had directed Town-III and district administration to seal all the buildings, including houses, plazas and bungalows that were built for residential purposes but were later converted into commercial buildings in the University Town.

Sabahuddin Khattak, lawyer for Town III administration, submitted an implementation report.

He said recently, show cause notices were issued to 48 offices and individuals and that they were given 15 days to submit reply after which action would be taken against them.

The lawyer said the administration recently sealed several educational institutions in the area but they were de-sealed after protests by students.

He said despite orders of the court, the administration had allowed the construction of a commercial plaza on Old Jamrud Road.

The lawyer said the Town III administration had opposed that construction but the PDA had given NOC for it.