Applicability of rent law: CAD minister must be taken on board: Cabinet

The federal cabinet has directed Ministry of Interior to take minister for Capital Administration and Development on board on applicability of the Islamabad Rent Restriction Ordinance, 2001 to the whole of Islamabad through an SRO, official sources told Business Recorder. The Islamabad Rent Restriction Ordinance, 2001 has been in force in Islamabad since January 23, 2011 which is extended to the Urban Areas of Islamabad, in Zone-I & II.
The sources said that housing societies have been established in Zone-IV & V, which do not come under the ambit of the Islamabad Rent Restriction Ordinance, 2001. It was deemed appropriate in public interest that the Islamabad Rent Restriction Ordinance, 2001 might be extended to whole of Islamabad Capital Territory except Zone-III (National Park Area/ Margallah Hills) so that the rights of residents under law Ibid might be secured. Moazzam Habib Advocate and two others had filed a writ petition No. 2535/2016 in the Islamabad High Court, seeking directions to rectify SRO No. 83(k)/2002 by Including Zone V of Islamabad Capital Territory in the urban area. The writ petition had been allowed by the Islamabad High Court in its Judgment of July 12, 2017. The operative paragraph of the order/Judgment of Islamabad High Court was as under:
"It is apparent on record that SRO No. 83(k)/ 2002, dated 01-08-2002, issued by Ministry of Interior, government of Pakistan, in which urban areas of Islamabad were notified for the purpose of the Islamabad Rent Restriction Ordinance, 2001, was neither issued on justified reasons nor structured on the intelligible differentia, which is discriminatory, as the said notification excludes the urban areas of Islamabad in violation of rights of citizens of ICT. Therefore, instant writ petition is allowed and the federal government is directed to amend SRO No. 83(k) dated 01-08-2002 within a period 30 days, from the date of announcement of the instant judgment, for inclusion of areas specified in Zone-V (with details of all housing schemes and areas with clear demarcation and reference) of ICT (zoning) Regulations, 1992 for the purpose of application of the Islamabad Rent Restriction Ordinance, 2001 as those areas have been declared as urban areas by the CDA with the approval of the federal government in terms of Sec.11 read with Sec.51 of the CDA Ordinance, 1960."
The cabinet in its meeting held on December 12, 2017 was further apprised that Islamabad Capital Territory Administration and Capital Development Authority had supported extension of Islamabad Rent Restriction Ordinance, 2001 to whole of Islamabad Capital Territory except Zone-III and Zone-IV In public interest.
It was also informed that Law & Justice Division had opined that the Islamabad Rent Restriction Ordinance, 2001 could be extended through a statutory regulatory order (SRO). As per the advice of Law and Justice Division, approval of the Cabinet was required before issuance of the proposed SRO.
According to sources, the cabinet was informed about draft SRO for applicability of Islamabad Rent Restriction Ordinance, 2001, to whole of Islamabad Capital Territory except Zone-III (National Park area/Margallah Hills) and Zone-IV.
During consideration of the issue it was desired to defer it for deliberations on its pros and cons in consultation with the minister for Capital Administration and Development.