CDA seeks to overturn stay order on Bari Imam House encroachment

The Capital Development Authority (CDA) has moved the Islamabad High Court (IHC) to vacate a stay order regarding the building known as Bari Imam House. The authority has filed a miscellaneous application and a written response, characterizing the building as an encroachment on land it acquired in 1963.

In its response submitted through counsel Kashif Ali Malik, the CDA stated that the property does not appear in its official land acquisition or revenue records. The authority maintains that the petitioner has no lawful ownership, title, or permission to occupy or use the premises.

The CDA identified the disputed property as comprising Khasra Nos. 435, 582, 591, 592, and 593 in Mauza Noorpur Shahan. According to the authority, this land was acquired under Award No. 4/DC CDA/1963, and compensation along with other admissible benefits was paid to the owners. The CDA stated that these acquisition records contain no reference to any building or establishment named “Bari Imam House.”

The authority further clarified that the Bari Imam House and the Bari Imam shrine are two separate sites. The actual shrine, or Darbar, of Hazrat Bari Imam is located on separate land comprising Khasra Nos. 277, 665, 677, 678, 679, and 680. This land is recorded in the name of Darbar Aalia Hazrat Bari Abdul Latif Shah (R.A.) and is situated across the road from the disputed premises.

The CDA argued that the two properties are legally and geographically distinct. It maintained that merely naming a building Bari Imam House or associating it with the shrine does not confer any legal right or entitlement over the land.

The authority also challenged the maintainability of the constitutional petition and the petitioner’s legal standing. The CDA objected that the court issued the stay order without first obtaining its response.

The CDA's response follows an IHC order dated November 3, 2026, which directed authorities to de-seal the building and restrained its demolition until the next hearing. The CDA has requested the court to fix the case for an early hearing, preferably during the week beginning November 9, 2026, instead of the previously scheduled date of January 18, 2027.