IHC orders to de-seal KPK House

ISLAMABAD   -   The Islamabad High Court (IHC) Thursday issued directions to de-seal Khyber Pakhtunkhwa House (KPK House), Islamabad.

A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq conducted hearing of the petition moved by Government of KP through its Secretary Administration and challenged the act of sealing of KPK House by the Capital Development Authority.

During the hearing, Aamir Latif Gill, Advocate CDA, appeared before the court and submitted that the premises were sealed due to various violations of the lease contract by the petitioner. In this behalf, it was pointed out that the lease has expired and that there was unlawful construction. Moreover, he added that there are outstanding dues.

When inquired, whether any notice was issued, he submitted that notice was issued in 2014 and subsequently, however, he was unable to show any copy of the notice.

Sardar Khurram Latif Khosa, counsel for the petitioner, contended that in such facts of the matter, sealing of the KPK House is unwarranted and without lawful authority inasmuch as no notice was issued to the petitioner.

Advocate General (AG) Khyber Pakhtunkhwa assured the court that whatever outstanding dues are, they shall be accordingly paid and any non-fulfilment of the terms of the lease be complied.  The IHC bench noted in its written order, “Be that as it may, since CDA sealed the KPK House Islamabad without any notice, the same is without lawful authority. However, needless to observe that if there are any violations of the lease, the CDA shall be at liberty to take appropriate action against the petitioner in accordance with law.” “For the above reasons, the petition is allowed and sealing of the KPK House is declared to be without lawful authority and the respondents are directed to de-seal the premises,” concluded the judge.

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