ISLAMABAD:Suspending a single bench’s order to remove encroachments from the Orchard Housing Scheme, a division bench of the Islamabad High Court (IHC) on Saturday issued notices to the private residents of the scheme and the Capital Development Authority (CDA) officials.
Notices were issued to the CDA chairman, member Estate Management, the director building control, the director planning, the director land, the director enforcement and the deputy director land survey division.
IHC Chief Justice (CJ) Justice Sardar Muhammad Sarfaraz Dogar and Justice Muhammad Azam Khan granted a ‘stay’ on an intra-court appeal.
A single bench of the IHC had on September 12 ordered the removal of encroachments within seven days.
In its order, the high court said that the appellant’s lawyer had said that his client had transferred the plot to his son in 2018. “The lawyer had further said that construction on the plot had started after seeking approval of the building plan from the CDA,” the court said, adding, “However, while the construction was underway, the CDA told the appellant that the boundary wall of the house had gone beyond the property line.”
However, the court went on to say, when a survey was conducted, the size of the land turned out to be less than what the CDA had claimed.
The court said in its order that the appellant even wrote a letter to the CDA for the marking of the land, but there was no response from the latter.
