CDA asks Islamabad High Court to lift stay on Bari Imam House in Nurpur Shahan
The authority says the building stands on land acquired in 1963, while its caretaker argues the premises are part of shrine property that was exempt from acquisition.
ISLAMABAD: The Capital Development Authority (CDA) has moved the Islamabad High Court (IHC) to vacate an interim order protecting Bari Imam House in Nurpur Shahan from further demolition. The authority has requested a hearing this week, saying the building occupies land it acquired in 1963. The caretaker disputes that claim and says officials sealed the premises without giving him prior notice or an opportunity to be heard.
The building stands opposite the shrine of Hazrat Bari Imam Sarkar. According to the caretaker’s petition, the premises include a mosque and a langarkhana, where free meals are served. The case turns on whether the land beneath those premises was covered by the CDA’s acquisition or formed part of property exempted because of its association with the shrine.
How the Dispute Reached Court
On October 30, a joint team from the CDA Enforcement Directorate and the Islamabad district administration sealed Bari Imam House. The CDA’s Planning Wing said the building stood on government land and had been identified for action under the authority’s anti-encroachment drive. Earlier operations had targeted structures around the premises, while the main building had remained untouched.
Mohammad Akmal, the caretaker, challenged the sealing through Advocate Syed Shajjar Abbas Hamdani. In his petition, Akmal claimed that the land was exempt shrine property and that no acquisition award had been issued or compensation paid for it. He alleged that officials put up an Auqaf Department board at the entrance after sealing the premises. His petition also raised constitutional objections concerning due process, religious freedom and property rights.
On November 3, the IHC directed the respondents to remove the seals and barred further demolition until the next hearing. It issued notices and gave the respondents two weeks to file reports and reply to the petition point by point. The order granted temporary relief while the parties’ claims over the property remained before the court.
What the CDA Told the Court
In its response submitted through a miscellaneous application, the CDA said it had acquired land in Nurpur Shahan in 1963 and paid compensation to the former owners. It said its revenue and acquisition records contain no entry for a building named Bari Imam House.
The authority said the Hazrat Bari Imam shrine is listed under separate khasra numbers, which identify parcels in the revenue record. It argued that the location and land records show two distinct properties and that naming the premises after Bari Imam or associating them with the shrine gives the petitioner no legal right to occupy or use the site.
The CDA also questioned Akmal’s legal standing to file the petition and whether the petition is maintainable. It said the court issued the interim order before receiving the authority’s response and asked the IHC to take up the matter this week and withdraw the temporary protection.
The Wider Land Dispute in Nurpur Shahan
Questions about acquisition and compensation in the area predate the sealing of Bari Imam House. In September, the Federal Investigation Agency sought the CDA’s land acquisition records for Nurpur Shahan as part of an inquiry into whether compensation claims had been settled before an earlier operation in the Bari Imam area. That inquiry concerned the earlier operation. The High Court petition concerns the specific parcel occupied by Bari Imam House and the legality of the October 30 sealing.
The parties have put forward opposing accounts of the same parcel. The CDA says its acquisition covered the site and compensation was paid. Akmal says the premises were exempt and that no award or payment covered the property. The authority’s request for an early hearing is pending, with no new hearing date confirmed in the reporting available as of November 11.
