ahlam1399
08-04-2016, 04:25 AM
ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) Wednesday reserved judgment in a petition where BNP group has challenged sealing of its leased area comprising high-rise residential building and hotel, Grand Hyatt, by Capital Development Authority (CDA).
After sealing the leased area earlier in July, the CDA on August 1 had told the IHC that it has cancelled lease of the above said 13.5 acre land due to violations of the laws. On Wednesday the counsel for the CDA submitted lease cancellation letter with the court.
The IHC bench reserved judgment in this matter after counsels for both BNP (private) Limited, and CDA concluded their arguments. The counsels besides arguing over the matter of sealing the area also argued over the CDA’s decision of terminating the land lease.
Legal counsel for CDA Kashif Ali Malik argued before the court that civic body has powers of a regulatory body and it can apply its independent mind to decide the matters in accordance with law.
Legal counsel for the BNP group argued that it was malafide on part of the CDA to cancel the lease as the case was pending before the court. He added that the civic body took the decision of terminating the lease just to make petitioner's case regarding sealing of the area less effective. He added that despite taking the decision, the CDA has yet to issue lease cancellation letter.
The CDA counsel then submitted the lease cancellation letter with the court. The BNP counsel then requested the court to restrain the CDA from demolishing the building structures at the area.
Justice Kayani, however, **ted that originally the matter was regarding sealing of the hotel premises and **t about the cancellation of lease. He then asked the parties to wait for the order in the case. On July 1, CDA had sealed the area with under-construction multi-story buildings for various constructions and layout plan violations.
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After sealing the leased area earlier in July, the CDA on August 1 had told the IHC that it has cancelled lease of the above said 13.5 acre land due to violations of the laws. On Wednesday the counsel for the CDA submitted lease cancellation letter with the court.
The IHC bench reserved judgment in this matter after counsels for both BNP (private) Limited, and CDA concluded their arguments. The counsels besides arguing over the matter of sealing the area also argued over the CDA’s decision of terminating the land lease.
Legal counsel for CDA Kashif Ali Malik argued before the court that civic body has powers of a regulatory body and it can apply its independent mind to decide the matters in accordance with law.
Legal counsel for the BNP group argued that it was malafide on part of the CDA to cancel the lease as the case was pending before the court. He added that the civic body took the decision of terminating the lease just to make petitioner's case regarding sealing of the area less effective. He added that despite taking the decision, the CDA has yet to issue lease cancellation letter.
The CDA counsel then submitted the lease cancellation letter with the court. The BNP counsel then requested the court to restrain the CDA from demolishing the building structures at the area.
Justice Kayani, however, **ted that originally the matter was regarding sealing of the hotel premises and **t about the cancellation of lease. He then asked the parties to wait for the order in the case. On July 1, CDA had sealed the area with under-construction multi-story buildings for various constructions and layout plan violations.
http://feeds.feedburner.com/~r/com/YEor/~4/xLMvChFstRc
أكثر... (http://feedproxy.google.com/~r/com/YEor/~3/xLMvChFstRc/140002-IHC-reserves-judgment-against-sealing-of-hotel)