The Islamabad High Court (IHC) has called upon the Director of Building Control at the Capital Development Authority (CDA) following a petition filed against the recent closure of car showrooms situated in the G-8 and G-9 sectors.
In a move earlier this month, the CDA undertook action to seal 117 car showrooms, citing their encroachment on parking spaces in various markets.
In response to this operation and the ensuing sealing of their businesses, the owners of these car showrooms presented their case to the IHC through their legal representative, Advocate Kashif Ali Malik.
Advocate Malik contended before Justice Babar Sattar that the petitioners, who own both commercial premises and are tenants, possess the right to operate car showrooms in accordance with the provisions of the Land Disposal Regulations of 2005.
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He stressed that the oversight of motor vehicle dealer businesses is governed by the Islamabad Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance of 1984, and that the authority responsible for such oversight is the Excise and Taxation Office Islamabad, rather than the CDA.
Additionally, Advocate Malik pointed out that the Islamabad Residential Sector Zoning (Building Control) Regulations of 2019 outline procedures for addressing vehicles parked in unauthorized areas.
He argued that although the CDA may raise concerns about unauthorized vehicle parking in commercial zones, such an issue does not warrant the wholesale sealing of the entire business.
Furthermore, he asserted that these actions contravene the Land Disposal Regulations of 2005, as these regulations do not consider unauthorized parking as grounds for the sealing of business premises.
Advocate Malik also highlighted that the sealing operation was executed under the authority of the CDA Chairman without due process, and no notices were issued to the petitioners.
In response to the petition, the court has issued notices to the pertinent CDA authorities, requesting comprehensive comments within a span of 10 days.
Justice Sattar has directed the Director of Building Control at the CDA to personally appear before the court on August 25.
The Director is expected to furnish the notices that were dispatched to the car showrooms, accompanied by the legal foundation for the sealing operation.
