The Capital Development Authority (CDA) is going to file a review petition against the historical Supreme Court verdict regarding Grand Hyatt Tower scam in Supreme Court of Pakistan in upcoming days but how to fight the legal battle which it already lost will be decided in the upcoming board members’ meeting- a source in the Civic Agency told Daily Times wishing not be named.
The source added that the builder MS/ BNP constructed luxuries apartments violating the bylaws of CDA as 13.5 acre plot in 2006 was only auctioned to build a five star hotel adjacent to the convention center but violating the SOPS, the builders constructed luxuries apartments which were later sold on sky high costs. Now, the high brass of the civic agency is to fight a legal battle in Supreme Court against the illegalities of the BNP group.
‘The top brass of the CDA are not satisfied on the Court decision regarding legalizing the illegalities of the said group by paying 17.5 billion rupees in 8 years time, that’s why the new chairman of the Civic Agency Amir Ali Ahmad decided to use the last option of review petition’, the source added.
CDA in 2016 canceled the lease of the land on violation of the advertisement and lease agreement signed between the two stakeholders years before.
The IHC in July 2016 had cancelled the lease of plot over violation of CDA’s building by-laws the Grand Hyatt hotel management. Justice Mian Saqib Nisar then Chief Justice of Pakistan while heading a three member bench comprising Justice Ijaz-ul-Hassan and Justice Faisal Arab, restored the lease of plot awarded to Grand Hyatt (M/s BNP) hotel by the Capital Development Authority (CDA), declaring the order of Islamabad High Court null and void while hearing an appeal filed by BNP against the IHC’s order.
The top court directed BNP to complete the payment of Rs 17.5 million within eight years in installments against the plot’s lease to the CDA and ordered the company to submit a bank guarantee of every installment in this regard.
The top court had directed BNP to complete the payment of Rs 17.5 million to the CDA within eight years against the plot’s lease
The top judge added that CDA was sleeping for 13 years when towers were being constructed on violations- ‘now that two towers were already built, now the CDA authorities are saying that they fall within the Margalla Hills National Park area and should be demolished.’
According to the details of the scam, 240 people including the Prime Minister of the country Imran Khan, SBP Governor Mohammad Ashraf Wathra, Chairman PEMRA Absar Alam, former CJP Nasirul Mulk, ex-LHC chief justice Iftikhar Hussain Chaudhry, Chief Minister Baluchistan Jam Kamal Khan, former naval chief Mohammad Asif Sandila, former foreign secretary Salman Bashir and retired Lt Gen Ahsan Azhar Hayat, had purchased apartments and the value of the overall property now stands around 23 to 60 billion rupees.
“Not only the builders have done violations of CDA ordinance 1960, ICT regulations 1992 and building control ordinance 2005 but the negligence of the top brass of CDA added to these severe violations,” the premier investigation agency in in-depth research found.
CDA former Chairman Afzal Latif left the slot of Chairmanship of the civic agency for a limited period of time following serious reservations on ongoing regularization episode regarding residency of the Prime Minister Imran Khan in Banigala. The source further added that few other senior officials of the civic agency are on temporary leave from the department to avoid the recent pressure from the government in regularization of the properties of Prime Minister Imran Khan in both Banigala and Grand Hyatt tower.
Daily Times contacted the Advocate of Supreme Court of Pakistan Nasreen who replied that in history of Supreme Court of Pakistan, the chances of accepting the review petition is only 1%. ‘History tells that review petitions by many prestigious state institutions as well as personalities were rejected by the top court so I don’t believe that the Capital Development Authority (CDA) will win the already lost legal battle but using the review option is their right,’ she added.
CDA official spokesman Safdar Shah when contacted about the civic agency’s review petition added that CDA management is preparing to use this last option but it will be finally decided in Board Members meeting which will be held soon.
Published in Daily Times, February 5th 2019.