ISLAMABAD: The Islamabad High Court (IHC) on Thursday accepted an application filed by the Capital Development Authority (CDA), seeking vacation of an interim order restraining it from demolishing a structure known as Bari Imam House.
The authority argued that the disputed property was part of land acquired by it in 1963 and had no legal connection with the shrine of Hazrat Bari Imam.
The court, presided over by Justice Ayyaz Shaukat, allowed the CDA’s application for an early hearing and fixed the matter for Monday.
During the proceedings, CDA counsel Kashif Malik appeared before the court and requested an early hearing of the case. The authority has already submitted a written resoonse. seekine vacation of the interim stav ordergranted in favour of the petitioner.
In its response, the CDA maintained that no building named Bari Imam House existed in its official records. It stated that the land situated in Noor Pur Shahan had been acquired by the authority under Award No. 4/DC CDA/1963 and that the original owners had been duly compensated.
The authority contended that the disputed structure, spread over more than 300 kanals of land, had no connection with the actual site of the shrine of Hazrat Bari Imam. It maintained that merely describing the premises as Bari Imam House or associating them with the shrine could not confer any legal right, title or interest in the land upon the petitioner.
The CDA further stated that the land comprisingKhasra Nos. 435, 582, 591, 592 and 593 fell within the acquired area, whereas the actual shrine land was recorded under different Khasra numbers in the name of Darbar Aalia Hazrat Bari Abdul Latif Shah. The authority argued that the shrine land was situated across the road and was distinct from the disputed property in terms of location and revenue records.
The authority also questioned the petitioner’s legal authority to occupy or use the premises, maintaining that the property was government land and that its occupation could not be justified by associating it with the shrine.
The dispute arose after the CDA and the district administration sealed Bari Imam House on October 30 during an anti-encroachment operation, claiming that the structure had been raised on government land.
Mohammad Akmal, the caretaker of the premises, subsequently approached the IHC through Advocate Syed Shajjar Abbas Hamdani, challenging the CDA’s action.The petitioner maintained that the premises comprised a mosque and a Langarkhana and constituted exempted shrine property that had never been acquired by the authority. He also disputed the CDA’s claim regarding acquisition and compensation.
On November 3, the IHC issued notices to the respondents and directed them to submit reports and para-wise comments within two weeks. The court also ordered the authorities to immediately de-seal the premises and restrained them from demolishing the structure until the next hearing.
Following the order, the CDA decided to challenge the interim relief, maintaining that the directions had been issued at the initial hearing without first examining its position and official records.
The authority also argued that the dispute involved factual controversies requiring examination of the relevant revenue and acquisition records.