ISLAMABAD, July 24: No doubt, the Capital Development Authority (CDA) is in a financial bind. But why it is shy of making some money where it can?

Over 260 private educational institutions – from prep schools to universities – are functioning in residential areas of Islamabad. That is against the city laws. Even if forcing them out is not a good option, the CDA can surely impose fine on the institutions for non-conforming use of buildings in residential areas and earn Rs250 millions annually, according to a senior CDA official.

“The CDA’s enforcement and building control section continuously ignores the commercial use of residential units in the city, which is leading to not only traffic congestion, but also to a bad image of the city despite the pre-existing laws that limit such violations,” said one senior official of the authority.

Another official who is close to the development said that over the last several years, only nine plots have been cancelled over nonconforming use.

After a plot is cancelled due to nonconforming use, it is sealed by the authority’s building control section, and the owner must defend his case before the deputy commissioner of the CDA.

Supreme Court lawyer Anis Jilani maintained: “Article 25 of the constitution clearly states that ‘all citizens are equal before the law and are entitled to equal protection of law. The CDA is grossly failing to enforce its own laws by accepting bribes from and selecting certain owners because of connections.”

Mr Jilani asserted: “The presence of private educational institutions in residential areas is creating immense problems for those living in close proximity, and the matter should be addressed.”

Islamabad High Court lawyer Raja Inam added: “These educational institutions are charging high tuition from its students and paying the tax equivalent to that of residential units which is a loss for the authority.”

“No where else in the world are residential units being used for commercial purposes. Besides, it is against the CDA building by-laws,” asserted Mr Inam.

He said that “it is the children of the privileged and influential class that are studying in these private institutions thanks to family connections to powerful members of the government forcing the authority to refrain from taking any action against these educational institutions located in residential areas.”

CDA building regulations have empowered the deputy commissioner of the CDA to seal the residential premises being used for business purposes, in addition to imposing fines up to Rs500,000 and Rs5,000 on a daily basis in case of continuous violation. But, there is no action on the ground.

According to the official, the CDA board is aware that educational institutions are being used for commercial purposes, but the issue is hardly considered at board meetings.

“The matter is more of a political in nature since the authority’s enforcement division and building control section officials are instructed to refrain from taking any stark action against these illegal housing units,” he maintained.

The CDA chairman, Farkhand Iqbal, himself is not willing to take action against these violators because it could cause a financial loss to the authority.

He said, “The CDA is not taking action against owners of such houses where commercial activities are taking place because it is unjustified and will uproot their businesses without providing them alternative business opportunities.”

The CDA official asserted: “If the authority directs its enforcement wing and building control section to take firm action against these non-conforming residential units, the units can all be sealed within the next 48 hours. But, even the chairman of the CDA is not interested in such quick action.”