Islamabad High Court (IHC) Rules in Favor of Al-Safa Golden Company Against CDA in Allotment Cancellation Dispute

Islamabad 26-10-2024: The Islamabad High Court (IHC), led by Ms. Justice Saman Rafat Imtiaz, ruled in favor of M/s Al-Safa Golden Company (Pvt.) Ltd. in a long-standing dispute over the cancellation of a commercial plot allotment by the Capital Development Authority (CDA). The CDA had initially auctioned Plot No.5, Markaz F-7, Islamabad, to Al-Safa Golden Company with certain building limitations, later revised to allow more floors based on a similar precedent set for Avari Hotel.

The dispute arose when CDA issued a cancellation letter citing violations of building bylaws and unauthorized construction. The Court found that CDA had approved Al-Safa’s revised building plans, and any missteps in the approval process were CDA’s responsibility. Ms. Justice Saman Rafat Imtiaz held that the cancellation was unlawful, as CDA failed to provide adequate notice or justification, and noted that CDA’s inconsistent enforcement compromised fair treatment. The decision reinforces the obligation of public authorities to honor lawful approvals granted to private entities.

Powered by Froala Editor