ISLAMABAD: The Islamabad High Court (IHC) will hear the Capital Development Authority’s (CDA) application on Monday seeking permission to demolish the disputed Bari Imam House in Islamabad.
The development comes after the authority challenged an interim court order that had stopped officials from removing the structure. The CDA has maintained that the property occupies government-owned land acquired in 1963.
Justice Ayyaz Shaukat accepted the authority’s request for an early hearing during Thursday’s proceedings.
Representing the CDA, lawyer Kashif Malik informed the court that the authority had already submitted its written response and requested an early decision on its application.
In its submission, the development authority stated that the disputed premises are located in Noor Pur Shahan on land acquired under Award No. 4/DC CDA/1963. It also claimed that compensation had been paid to the original landowners.
The CDA further argued that its official records do not recognise a registered building under the name Bari Imam House. According to its position, the disputed structure covers more than 300 kanals.
The authority has also challenged the claim that the premises form part of the Bari Imam shrine. It referred to revenue records identifying the disputed land under Khasra Nos. 435, 582, 591, 592 and 593.
The CDA maintained that the actual shrine, recorded as Darbar Aalia Hazrat Bari Abdul Latif Shah, falls under separate land references and is situated across the road from the disputed premises.
The matter dates back to October 30, when the CDA and Islamabad district administration carried out an anti-encroachment operation and sealed the property.
Following the action, Mohammad Akmal, caretaker of the premises, approached the IHC through Advocate Syed Shajjar Abbas Hamdani.
The petitioner argued that the property contains a mosque and Langarkhana and should be treated as part of the shrine’s exempted premises. He also disputed the authority’s position that the land had been acquired by the CDA.
On November 3, the high court issued notices to the concerned respondents and directed them to submit reports and para-wise comments within two weeks.
The court also ordered officials to remove the seals from the premises and temporarily restrained the authorities from demolishing the structure until the next hearing.
The interim directions were issued while the court examined the competing claims regarding the property’s legal status.
The CDA subsequently filed an application seeking withdrawal of the demolition restriction, arguing that its land acquisition documents and revenue records required consideration.
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The next hearing is expected to examine the authority’s request to lift the temporary protection. The final legal status of the property and the competing ownership claims will remain subject to the court’s proceedings.
