ISLAMABAD: The Supreme Court of Pakistan on Thursday directed the Capital Development Authority (CDA) to verify within a week the building plan submitted by Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan for his 300-kanal Bani Gala estate.A three-member SC bench, comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan, issued the directive during suo motu proceedings on illegal constructions and encroachments, and deterioration of the environment due to unchecked waste disposal in Bani Gala area.
On Thursday, the court also issued summons for Islamabad chief commissioner, asking him to appear in the next hearing.
After the court was informed that a prominent television anchor was among the beneficiaries of CDA’s land allotment practices, it directed the civic authority to present details of all plots leased out in the vicinity of the Rawal Lake.
Regarding the PTI chairman’s Bani Gala residence, the court asked the CDA to verify whether the building plan was approved and construction undertaken in accordance with the approved map.
Earlier, after submitting the building plan, Imran Khan’s counsel Babar Awan told the court that a no objection certificate (NOC) had been obtained for construction work from Bhara Kahu union council in 1990. He said the fee for the purchased land was paid and the architectural map for construction on 250 kanals submitted in 2002. Further Awan said the certificate for construction was submitted by the union council in 2003.
To a query by the chief justice on the approval of the proposed architectural design map, the additional attorney general said that he would get back to the court after reviewing the relevant record. Then, the chief justice said the court would first get the map submitted by Awan verified. He noted that the map’s approval was required to be obtained prior to construction, adding that once construction work was complete, the law also required the authorities concerned to assess whether it was in accordance with the approved map.
On this, Awan contended that when Imran Khan undertook the construction of his house, there was no law covering rural areas of the federal capital that required approval of building maps.
He said he feared that the federal government might use the issue against his client. The CJ responded, “We will get it investigated … will form a joint investigation team (JIT) if needed.”
The chief justice regretted that the court could not order demolition of over 200 illegally built houses in Bani Gala.
During the hearing, the CDA presented an interim report with details of plots leased out along the banks of Rawal Lake. The CDA officials also gave a presentation on a projector on construction activities in Bani Gala.
According to the report, the CDA has given plots on 15 to 30 year lease terms to dozens of influential people. Marriage halls and car and motor-cycle racing tracks have been built on these plots, where commercial activities are being carried out.
CDA’s planning member Asad Kiyani told the court that the interim report carried details of 10 plots given on lease for the purpose of motor sports and car racing.
The details of leased out plots showed that senior anchor person Muhammad Malick was among the beneficiaries.
Babar Awan told the court that the CDA was not disclosing complete details, as the TV anchor had two plots leased out to him, a 20-kanal plot and a 40-kanal plot.
He said plot had been leased out to Malick as well as other influential persons without due process that required advertisement of tenders and a competitive bidding process.
Awan also told the court that a plot leased out to a newspaper owner now housed three marriage halls. He said he had attended three weddings at those halls.
Published in Daily Times, February 23rd 2018.