Case Details

Citation(s)
2016 SLG 1923 2016 SLD 1923 2016 IHC
Islamabad High Court
C.R.No. 05 of 2016, 03.02.2016
MIANGUL HASSAN AURANGZEB, J

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Sajjad Ahmed

VS

Chairman, Capital Development Authority & Others

Law:

Section:

Keywords: Result: Petition dismissed Through the instant Civil Revision Petition, the petitioner, Sajjad Ahmed, seeks to challenge the Order dated 04.01.2016, passed by the court of the learned Additional District Judge-III, Islamabad (East), whereby the petitioner's appeal against the Order dated 12.12.2015, passed by the court of learned Civil Judge 1st Class, Islamabad (East), was dismissed. Vide the said order dated 12.12.2015, the learned Civil Court dismissed the petitioner's application for interim injunction under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 ("C.P.C."). The civil suit filed by the petitioner is still pending. 2. The facts, briefly stated, are that the petitioner was a transferee of Plot No.272, measuring 283.1/3 Sq. yards situated at Gawala Colony, Rawal Town, Islamabad. The petitioner obtained possession of the said plot on 05.11.1991. Thereafter, the petitioner applied to the Capital Development Authority ("CDA") for the approval of the building plan. It appears that on 24.06.1992, the petitioner swore an affidavit and applied to the CDA for the issuance of a completion certificate with respect to the house constructed on the said Plot. Furthermore, on 28.09.1992 another affidavit was sworn by the petitioner in which the petitioner undertook that whenever the CDA orders and directs the petitioner would, at his own cost, demolish the windows and shades made in violation of the building plan. Based on the said affidavits, the CDA on 25.11.1992, approved the building plans and issued a completion certificate in favour of the petitioner. Vide order dated 10.12.2009 passed by the Building Control Directorate, CDA, under Section 49-C (1) of the CDA Ordinance, 1960, the petitioner was directed to remove the following unauthorized construction from the said plot:- i) "First floor and mumty constructed without approval. ii) Construction of unauthorized foot staller. iii) Reference your under taking dated 28-09-1992, all roof projection, chajjas and opening of window towards plot No.271, have to be removed. iv) Wall on roof of first floor." 3. The said order dated 10.12.2009 was impugned by the petitioner in a suit for…
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