The Islamabad High Court (IHC) ordered the de-sealing of the Khyber Pakhtunkhwa House in the federal capital on Thursday, just two days after the Capital Development Authority (CDA) had sealed it. IHC Chief Justice Aamer Farooq issued the order during a hearing of a petition filed by the KP government.
Justice Farooq criticized the CDA's actions, stating that while the authority has the right to issue notices for sealing properties, it should not appear to be targeting any particular entity. During the proceedings, the CDA's lawyer argued that the property had undergone illegal construction and that outstanding dues had not been settled since a notice was first issued to the KP administration in 2014. The lawyer also claimed the property's lease expired that same year.
Questioning the CDA's timing, Justice Farooq noted that proper notice should have been issued prior to sealing the house, asserting that it is inappropriate to seal a provincial house.
The KP government had filed a plea against the CDA's sealing action, labeling it "illegal." The petition explained that the provincial house, owned by the KP government, had been sealed without due process. When the KP government sought recourse through the Peshawar High Court, it was advised to approach the IHC, which was deemed the appropriate forum for the case.
The KP government requested that the court declare the sealing of the house and the seizure of its vehicles unlawful and sought to reopen the property. The CDA's unprecedented move to seal the Khyber Pakhtunkhwa House stemmed from alleged violations of building regulations, as noted in a notice affixed to the property by CDA Special Magistrate Muhammad Asif.
CDA records indicated that the first notice to halt illegal construction was issued to the KP government on April 5, 2014, with subsequent notices sent in February and May of this year regarding the renewal of the lease for the plot on which the KP House is located in Sector F-5/2. The KP government was required to apply for a No Objection Certificate to proceed, but reportedly did not take action.