Daily Times

ISLAMABAD: The Capital Development Authority (CDA) is going to offer the regularisation of violations committed by the owner of SAFA Gold Mall against a payment of Rs 959.8 million as a fine.

“If the owner fails to pay the aforementioned amount within 30 days, the civic body will take possession of the shopping mall,” a summary moved in this regard states.

The owner of the shopping mall in connivance with CDA officers had managed to construct three extra floors on the site by clearly violating the allowed planning parameters for this plot.

A case in this regard is pending before the Islamabad High Court (IHC). Justice Amir Farooq had asked the mall management to approach the city management for reaching an amicable resolution. He had also directed the CDA to come up with a doable option for aforementioned violations already committed by the mall owner on the ground.

In pursuance of court directions, the Planning Wing of the CDA has prepared a summary for its board to obtain approval for a solution, which will be presented before the court on the next date of hearing.

The summary purposes to allow the regularisation of unauthorised floors constructed on the site by imposing a fine of Rs959880174, including Rs 863137174 as charges for the enhanced floor area, and Rs 98553000 as fine for the illegal construction without approval.

The summary further recommends strict disciplinary action against its own officers involved in granting tainted approval in this case. An internal inquiry has already fixed the responsibility on two of its officers, including former building control deputy director general and a deputy director, who were posted in Building Control Section (BCS) at that time.

When contacted by Daily Times, Director BCS Faisal Naeem confirmed that a summary in this regard was on cards, but declined to share the details.

However, Member Planning and Design Asad Mehboob Kiani said: “We are going to propose fines for violations and enhancement in the permissible cover area as per our already notified rates.”

“We don’t want to disturb the people doing business inside the said shopping mall and trying to resolve the matter by imposing heavy fines on its owner,” he said.

To a question whether any such decision would encourage others to commit the same violations, Kiani said: “We will award strict punishments to own officers involved in the case by imposing major penalties on them. Nobody will even think about making such an illegal move in future.”

The mall owner had also entered into a contract with a cinema chain and rented out the 8th floor for the establishment of cinemas.

The summary proposes that the cinema owners will be allowed to complete their structure, but they will have to submit monthly rent directly to the CDA, which will be adjusted in the final payment made by the owner of shopping mall.

Earlier in 2010, the then CDA management had auctioned Plot Number 5 at Jinnah Super Market, where its Health Directorate was once located. The owner then constructed Safa Gold Mall there.

The mall owner committed several violations with help from CDA officers. He constructed seven storeys instead of the allowed four storeys.

In the allotment letter, it was clearly defined that the floor area ratio of the building would be 1:5 with 100 percent coverage and the number of storeys would be four, thus capping the height of the building.

“In no case can the number of storeys be enhanced in violation of the relevant planning parameters and clauses of the allotment letter,” an inquiry had later concluded.

Published in Daily Times, August 16^th 2017.