IHC Issues Stay Order Against CDA’s Operations in Muslim Colony – Full Case Details, Background & Latest Update
The Islamabad High Court (IHC) has stopped the Capital Development Authority (CDA) from continuing demolition operations in Muslim Colony, a long-established katchi abadi near the PM House and Presidency. The court issued a formal stay order and sought a detailed response from CDA by December 16, 2025.
This article explains the complete background, legal context, community reaction, criticism from rights groups, and why this case matters for Pakistan’s low-income housing crisis. All information is simplified for easy understanding.
Background of Muslim Colony Katchi Abadi
Muslim Colony is one of Islamabad’s oldest informal settlements, located in the Bari Imam area. According to the petitioner’s counsel, the colony has existed since 1960 and is home to thousands of families, most of whom belong to working-class communities.
The area also includes Noor Pur and parts of Bari Imam, forming a large cluster of low-income settlements that depend on daily-wage jobs in the capital.
Despite being decades old, the colony has not been provided a formal regularisation plan, nor have residents been given alternative housing options.
CDA Demolition Operation and Residents’ Complaints
Recently, the CDA launched an anti-encroachment drive, during which several houses in Muslim Colony were reportedly demolished.
Residents complained that:
- No prior notice was given
- No official intimation was served
- Houses were demolished early in the morning
- Women, elderly residents, and children were left without shelter
- The drive violates earlier Supreme Court orders protecting katchi abadis
The petitioner’s counsel argued in court that this operation was “unjustified, unlawful, and against the constitutional right to housing.”
IHC Stay Order – What the Court Said
Justice Raja Inam Amin Minhas heard the petition and immediately directed the CDA to halt all operations in Muslim Colony.
The court also issued a notice to the CDA and asked for a written response detailing:
- Why demolitions were started
- Whether notices were issued
- Whether a resettlement plan exists
- Whether the CDA is complying with Supreme Court orders
The case has been adjourned until December 16, 2025.
Supreme Court’s 2015 Stay Order – Why It Still Matters
In 2015, the Awami Workers Party (AWP) filed a constitutional petition when CDA demolished more than 20,000 houses in Islamabad’s I-11 katchi abadi, most of them belonging to Pashtun workers.
At that time, the Supreme Court:
- Put a moratorium on forced evictions
- Ordered authorities to develop a legal mechanism for dealing with katchi abadis
- Stressed that low-income housing needs must be addressed
- Directed the federal government and CDA to present a concrete plan
For ten years, however, no long-term housing solution was introduced. Rights groups say this failure has directly contributed to ongoing tensions between communities and enforcement bodies.
Why Katchi Abadis Are a Major Issue in Islamabad
Islamabad has more than 50 informal settlements, housing domestic workers, daily laborers, construction workers, drivers, sweepers, and small vendors.
Key challenges:
- Lack of affordable housing
- Rising land prices due to real estate speculation
- CDA’s strict enforcement against the poor
- Unregulated expansion of private housing schemes
- Limited government investment in low-income housing
Experts say Islamabad’s master plan does not recognise the reality of the city’s working-class population, creating constant conflict over land.
Civil Society Reaction: ‘This Is Class-Based Targeting’
Leaders from AWP, the All-Pakistan Katchi Abadi Alliance, and Anjuman Rehribaan strongly condemned the recent CDA operations.
According to them:
- Anti-encroachment drives target poor communities
- Big real estate developers continue illegal constructions freely
- Street vendors, hotel workers, and small shopkeepers face harassment
- Anti-poor actions violate CDA Ordinance and Islamabad Master Plan
AWP leader Alia Amirali said these operations represent a “brazen class war,” pointing out that CDA enforces strict rules for the poor while ignoring major violations by influential builders.
She also raised concerns about a new officer reportedly brought from Lahore to lead the enforcement division, calling it a move that “contravenes all rules and fuels an anti-poor eviction drive.”
Why the Case Is Important for Human Rights and Urban Policy
The stay order is not only about one colony. It raises bigger questions:
- Should the state demolish settlements without offering alternative housing?
- Why are katchi abadi residents not included in city planning?
- Why has CDA not implemented the Supreme Court’s 2015 instructions?
- How can Islamabad balance development with human rights?
Urban planners argue that sustainable cities require inclusive housing policies, not eviction-led development.
Press Conference at National Press Club – Voices of the Affected
On December 4, representatives of dozens of katchi abadis, street vendors, and working-class organisations held a joint press conference.
Their demands included:
- Immediate halt to CDA evictions
- Implementation of Supreme Court’s 2015 stay order
- Recognising housing as a constitutional right
- Protection of livelihoods for vendors and informal workers
- Accountability of officers involved in illegal demolitions
They also appealed to both the Supreme Court and the newly formed Federal Constitutional Court (FCC) to protect vulnerable communities.
Housing Crisis in Islamabad – Why Alternatives Are Needed
Pakistan faces a shortage of nearly 10 million housing units, and Islamabad’s share of that shortage is growing every year.
Key reasons:
- Rural-to-urban migration
- High cost of land
- Low wages
- Lack of affordable rental options
- Neglect of low-income housing policies
Experts say eviction drives only worsen poverty and create homelessness, instead of solving the underlying issues.
How Regularisation of Katchi Abadis Can Help
Urban policy specialists propose a structured long-term solution:
1. In-situ improvement
Provide infrastructure (water, electricity, sanitation) without relocating communities.
2. Legal documentation
Give residents occupancy rights to prevent future evictions.
3. Relocation only with consent
Move residents only if the land is needed for essential public projects—and only after providing safe, affordable alternative housing.
4. Inclusion in Islamabad Master Plan
Recognise low-income settlements as part of the city instead of treating them as illegal.
CDA’s Position – What They Are Expected to Explain
CDA must now submit a detailed reply to the IHC covering:
- The legal basis for recent demolitions
- Whether warning notices were delivered
- Why the 2015 SC stay order was ignored
- What housing plan exists for displaced families
- Whether any safety measures were taken for vulnerable groups
If the court finds that CDA violated constitutional protections, stronger restrictions may be imposed.
What Happens Next?
The next hearing is scheduled for December 16, 2025.
Possible outcomes include:
✔ Extension of the stay order
If CDA fails to justify the operation.
✔ Court-ordered resettlement plan
The IHC may direct CDA to produce a clear policy for low-income housing.
✔ Review by the Supreme Court or FCC
If rights groups file a constitutional plea.
✔ Fresh legal framework for all katchi abadis
This case could set a precedent for urban policy across Pakistan.
Conclusion
The IHC stay order has given temporary relief to thousands of residents in Muslim Colony, but the broader issue remains unresolved. Islamabad’s housing crisis continues to deepen, and without a fair, people-centred housing policy, tensions between authorities and low-income communities will only increase.
This case has revived the national debate on constitutional rights to housing, the role of state institutions, and the future of Pakistan’s urban development model. The upcoming court proceedings on December 16 will determine the next phase of this crucial issue.
Muslim Colony Stay Order – FAQs
1. Why did the IHC stop the CDA operation in Muslim Colony?
The IHC stopped the CDA operation because the court found that demolitions were happening without prior notice and possibly against earlier Supreme Court orders that protect katchi abadi residents. The court asked CDA to justify its actions.
2. What will happen on the next hearing on December 16?
On the next hearing, CDA must present a written reply explaining why it launched the operation and whether it followed legal procedures. The court may extend the stay order or issue new instructions based on CDA’s response.
3. What is the Supreme Court’s 2015 stay order about katchi abadis?
In 2015, the Supreme Court put a moratorium on forced evictions after CDA demolished over 20,000 houses in I-11. The SC directed authorities to create a proper mechanism for dealing with katchi abadis and low-income housing.
4. Why are rights groups criticizing the CDA operations?
Rights groups say the CDA targets poor communities, street vendors, and informal workers while allowing big developers to violate rules. They call it class-based discrimination and demand protection of the constitutional right to housing.
5. What does the stay order mean for Muslim Colony residents?
The stay order gives temporary relief — no demolition can continue until the next hearing. However, long-term protection depends on the court’s final decision and whether the government presents a proper housing plan.
