ISLAMABAD: It seems that the federal capital would not be getting another cinema anytime soon, as the Islamabad High Court (IHC) on Wednesday upheld the CDA`s decision not to allow a cinema to open at Safa Gold Mall at Jinnah Super Market in Sector F-7.

IHC Justice Aamir Farooq deciding on a petition filed by Safa Gold`s management ruled that the Capital Development Authority`s letter against opening a cinema in the mall was lawful.

On April 23, 2015 the Capital Development Authority (CDA)through the said letter directed the management of Safa Gold Mall to suspend the construction of cinema. This would have been the second cinema house to begin operations in the federal capital since the first one opened at Centaurus Mall two years ago.The Safa Gold Mall management, however, challenged the said letter before the IHC arguing that CDA in 2012 allowed the construction of cinema at the top floor of the building.

Justice Farooq observed that the CDA`s action was in accordance with the findings and recommendations of the inquiry constituted by CDA chairman.

It may be mentioned that the said inquiry report pointed out that CDA of ficials in connivance with the mall management increased the number of storeys from Ground + 4 to Ground + 7. It also pointed out that the building plan which was approved in 2012 for the construction of cinema was illegal, as this plot was never meant for a cinema house.

The report further stated that certain of ficers of the CDA had approved the cinema on the top floor which falls in the ambit of non-conforming use of building adding that `planned/existing car parking facility (of the mall) is insufficient, the permission to open cinema would further worsen the situation as the cinema would invite more and more traf fic`.

The inquiry report recommended disciplinary action against the CDA officials who approved the construction of additional floors and a cinema in the building.It may be mentioned that initially, the senior officials at the CDA wanted to delay the court proceedings as they asked the counsel to support adjournment plea filed by the mall management. After the lawyer Kashif Ali Malik refused to follow the instructions he was made to disassociate from this case. Fortunately, by that time the counsel had placed all the relevant records before the court.

Taking cognizance in this matter the court did not entertain the application filed to adjourn the case. On the contrary, hearing in this matter continued even af ter the routine time.

The petition filed by the Safa Mall management claimed that a deputy director of the CDA cancelled the approval, whereas under the law the chairman or the CDA Board was the competent authority for making a decision in this regard.

The petition said, `the impugned letter is silent on who had passed the impugned order.

As per knowledge of the petitioner, CDA Board or chairman CDA has not passed any such order`.

It said that in 2012, CDA allowed construction of the cinema and the petitioner then leased out the place for the construction of a cinema to Cinepax Limited.