2017 CLC 150 Islamabad

2017 C L C 150
[Islamabad]
Before Aamer Farooq, J
Messrs LABELS FRANCHISE trough Mrs. Amna Badar Afzal and 2 others----Petitioners
Versus
CAPITAL DEVELOPMENT AUTHORITY through Chairman and 2 others----Respondents
Writ Petition No.2496 and C.M. Nos.3270 and 3271 of 2015, decided on 10th August, 2015.
Constitution of Pakistan---
----Art. 199--- Constitutional petition--- Non-confirming use of residential property as school by tenants---Properties used by the tenants were sealed by the Development Authority---Petitioners gave undertaking that they would vacate the said property within four weeks---Properties in question were sealed by the respondent for repeated non-confirming use of the same and even allotment of the owner had been cancelled---Said properties were de-sealed on submission of application by the petitioners to enable them to remove their belongings from the premises---Constitutional petition was dismissed being not justified---Petitioners were however allowed time to remove their belongings from the premises.
ORDER
Malik Qamar Afzal for Petitioners.
Rehan Seerat for Respondents.
C.M.No.3270/2015
AAMER FAROOQ, J.--- This is an application for placing additional documents on record. The application is allowed subject to all just and legal exceptions.
C.M.No.3271/2015
Exemption sought for is allowed subject to all just and legal exceptions.
Main case
Through the instant petition, the petitioners are aggrieved of direction by the respondent to refrain from using the properties namely House No.47, Bhattai Road, F-7/1, Islamabad, and House No.3, School Road, F-6/1, Islamabad for commercial purposes.
2.The petitioners are tenants in the above mentioned properties and are using the same for commercial purposes. The properties were sealed by the respondents for non-conforming use, however, subsequently were de-sealed on the undertaking by the Petitioners that they shall vacate the same within four weeks.
3.The learned counsel for the petitioners inter alia submitted that the policy of pick and choose adopted by the respondent in sealing the premises for non-conforming use is in violation of Article 25 of the
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Case Judgementhttp://www.plsbeta.com/LawOnline/law/content21.asp?Casedes=2017I207

Constitution of Islamic Republic of Pakistan. It was further submitted by the learned counsel that in the proceedings before the august Supreme Court of Pakistan the respondent authority has undertaken that it is formulating a policy with respect to non-conforming use therefore, propriety demands that till such time the policy is framed no adverse action should be taken against the petitioners.
3.The learned counsel for the respondent inter alia submitted that to the best of his knowledge no such policy is forthcoming. It was further submitted by the learned counsel that the properties were de-sealed on the undertaking by the petitioners that they shall vacate the premises within a period of two months, however, they have retracted from their commitment and has filed the instant petition.
4.Admittedly, the properties in question were sealed by the respondent for repeated non-conforming use of the same and even the allotment in favour of the owner was also cancelled. However, on submission of application by the petitioners, the properties were de-sealed to enable them to remove their belongings from the premises. In view of the facts and circumstances, there is no justification or basis for the instant petition.
5.In view of the foregoing, the instant petition is without merit and is dismissed, however, in the interest of justice, the petitioners are allowed till 25.09.2015 to remove their belongings from the premises.
ZC/144/Isl.Petition dismissed.