The Supreme Court was urged on Friday to restrain Capital Development Authority (CDA) from dislodging 32 students residing in hostels in Islamabad's residential areas. Filing implement application in a case relating to commercial use of residential areas in various sectors of Islamabad on behalf of five male and 29 female students, advocate Zulfiqar Ahmed Bhutta requested the apex court to make his clients a party in the matter.
He submitted that all the students are permanent residents of different cities of Pakistan and are currently residing in private hostels situated in various parts of the city. Supreme Court has repeatedly issued directives to the CDA to move against those who are not abiding by rules that prohibit use of residential areas for commercial purposes in Islamabad.
Bhutta submitted that the 32 students moved from various parts of the country to Islamabad after securing admission in different educational institutions of the city, and opted to live in hostels in the residential areas of the city. He contended that it was a nightmare for the students when CDA officials began forcing them to vacate the residential hostels under the apex court orders in the matter.
"It was reported that CDA staff harassed the female students by forcing them to vacate their hostels", the applicant claimed. Bhutta said that the basic purpose of any municipal law is to save the residents of any area within their municipal limits from any nuisance which could be the outcome of commercial activities in a residential area; but added that the students were residing on the premises in question as tenants/paying guests for the sole purpose of getting an education which does not fall under the definition of nuisance.
Buhtta cited Section 81 of the Islamabad Capital Territory Bylaws 1969 which reads: "Nuisance includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property". He said that the constitution does not allow evicting students from hostels as that would be abuse of the process of law.
"It is, therefore, respectfully prayed that the applicants may kindly be impleaded as party in the case, in the interest of justice - and as interim and permanent relief, directions may kindly be given to the CDA to stop eviction of students (male/female) from their hostels and illegal trespassing may also be ordered to be stopped", the applicant requested the court.