ISLAMABAD-The Capital Development Authority (CDA) has directed all the school plot owners to construct the campuses over the allotted plots and to close down their schools established in the residential premises, according to the CDA officials. The CDA has so far allotted 52 plots to private schools/institutions. Out of the 52 plots, allotment of 3 plots has been cancelled whereas construction over 28 plots has been completed. The remaining 21 plots are still lying vacant. The sources said that the Authority has issued notices to the owners of school plots who have not yet started construction, to construct the building and move from the residential premises and in response, 5 school plot owners have submitted their building plans for approval which are being scrutinized.  The CDA has also directed the owners of 28 plots who have constructed the campuses over the allotted plots but failed to close down their schools established in residential premises, to shift to the new campuses.  The CDA has already issued notices to the sponsors of private housing schemes in zone-II, zone-V and sector E-11, Islamabad whereby they have been directed to transfer the entire public building area including the land for schools/institutes in their respective schemes in favour of CDA. These pieces of land will be disposed off as per policy for establishment of schools, according to the CDA officials. They said recently, a detailed survey was conducted to ascertain   the number of schools being run in non-conformity of the buildings which revealed that a total of 277 schools, institutes, academies, day-care centres, colleges, etc. have been established in non-conformity of the buildings. Out of the 277, 220 are schools, 17 academies, 15 colleges, 6 exam preparatory institutes, 7 madrassas, 6 day-care centres and 6 universities.

The issue regarding establishment of schools in residential houses was taken up in the year 1999 when the CDA issued notices to all such schools/educational institutions that were operating from the residential premises in violation of the provisions of the CDA Ordinance, 1960 and the Building Regulations. Thereafter, from time to time, action was initiated against the violators who had put their properties to non-conforming use.

The action inter-alia included sealing of the premises, imposition of fine and cancellation of lease/allotment. In the year 2014, the Supreme Court directed CDA to initiate action against all residential houses/premises that had been put to non-conforming use with the direction to formulate a policy to address the issue.  Thereafter, the matter was also taken up by the ministry of interior which directed the CDA to take appropriate action under the law in this regard. The CDA Board in its meeting held in July 2015 decided that two years time should be given to the schools established in residential houses so that necessary measures may be taken by them to move out of the residential premises within the given time. The aforementioned decision of the CDA board was submitted before the Supreme Court which directed the Authority to take action without discrimination in any category.

Thereafter, the CDA Board on 11 September 2015 amended its earlier decision and decided that no exemption would be allowed against the Islamabad Residential Sector Regulations, 2005 to any category defined in the aforementioned decision. Accordingly, a uniform period of six months was given to all non-conforming use establishments directing them to wind up their businesses in the residential premises and bring the same into a conforming use as per the provisions of scheme plan and allotment letter.

Later, Islamabad High Court directed the CDA to constitute a committee and decide the matter in a fair, reasonable and just manner.

The committee constituted for the purpose presented its recommendations before the CDA Board in July 2018 which were approved and action for sealing of the premises where schools were illegally operating was initiated.

In the meantime, a civil petition was filed in the Supreme Court by the private schools and colleges association which directed the CDA not to pass any final order or take any coercive measures in this regard until the High Court decided the ICAs filed by the persons who were not party before the High Court in the writ petitions including that petition.