ISLAMABAD: The Supreme Court (SC) on Wednesday allowed the Federal
Urdu University of Arts, Science and Tech**logy to use the building of
Wapda for one
more year.
A two-member bench of the apex court comprising Justice Gulzar Ahmad and Justice Umar Ata Bandial while disposing of the appeal of the
University ruled that in case the
University failed to pay rent, the
Wapda would seek remedy in the matter from an appropriate forum.
During 2003, the
University was established at the
Wapda House near Zero Point, Islamabad, however, irregularities in rent payment to
Wapda by the then administration of the
University provided cause of action to the authority to file a lawsuit for eviction before the Rent Controller, Islamabad in 2012.
Court of the Rent Controller issued judgement in favour of the
Wapda and the same was upheld in the appellate court and then the Islamabad High Court in 2016 to which the incumbent administration of the
University challenged the High Court decision before the apex court.
Representing the University, advocate Asad Hussain Ghalib requested the court to grant two years time for shifting the institution campus to allocated place.
Director General Services
Wapda Khalid Hussain informed that first eviction **tice to the
University was issued on January 01,2012 whereas his counsel repeatedly urged the court to ensure the
University administration statement to vacate his client’s building in three months in accordance with the provisions of Rent Control Act.
Justice Gulzar Ahmed observed, “Neither the
University **r the
Wapda is profit making institution so it would be better for both the parties to deliberate over the issue”.
Wapda counsel told the bench that civic body Capital Development Authority has cancelled lease of his client’s building under the pretext that building is **t being used for the specified purpose. However he informed that civil court has granted
stay order to
Wapda against the CDA **tice.
Responding to allegation of the
Wapda counsel that
University is **t only defaulter of rent but also declining to vacate his client’ building intentionally, Additional Registrar of the
University Shah G. Muhammad submitted that at the moment the educational institution was paying three million per month rent to Wapda.
Meanwhile, the court after hearing both the parties ruled that due to the prevailing circumstances the
University is allowed to operate in the building for one year. The court directed the
University administration to complete its campus construction at its own place to shift 5,000 students in a year, adding that the
University is subjected to pay all the outstanding rent to the
Wapda with annual increase according to contract.
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