Islamabad: The Islamabad High Court (IHC) has declared unlawful an administrative ban on the sale, purchase, registration and transfer of properties in Islamabad’s Zone-III, ruling that the restrictions imposed by the Capital Development Authority (CDA) had no legal basis.
In a detailed judgement, Justice Mohammad Asif allowed a petition filed by Shah Allah Ditta resident Fazal Abbas, holding that the blanket embargo, enforced through a CDA letter and verbal instructions issued by the deputy commissioner, was imposed without statutory authority.
The court ruled that its earlier order of Nov 30, 2023, had been limited to preventing construction and sale activities linked to illegal housing schemes in Zone-III and did not authorise a blanket suspension of all property transactions.
It observed that the CDA had unlawfully expanded the scope of that order by directing authorities to halt registrations and mutations in several areas, including Shah Allah Ditta, Sangjani and Sara-e-Kharbooza, affecting lawful transactions such as inheritance transfers and family property arrangements.
The judgement stated that neither the Capital Development Authority Ordinance, 1960, nor the Islamabad Capital Territory (Zoning) Regulations, 1992, empowers the deputy commissioner to impose a blanket prohibition on property registrations or transfers.
The court further held that the restrictions violated constitutional protections guaranteeing citizens the right to acquire, hold and dispose of property in accordance with the law, adding that executive authorities cannot restrict such rights without explicit legal authority.
The IHC directed the relevant authorities to process property registration and transfer cases in accordance with the law and barred them from refusing lawful transactions without due process or express statutory authority.
Following the ruling, the office of the Deputy Commissioner Islamabad withdrew the restrictions with immediate effect and instructed the district administration to implement the court’s directions.
Samra Zulfiqar, a real estate analyst at Zameen.com, is passionate about finding projects that offer buyers the best returns. Her keen insights spotlight the market’s most promising opportunities.
