From hostel to hotel: one letter from legality
Private hotel set up on subsidised land granted to SCBA for lawyers chambers; entire facility paid for by taxpayers
The newly-completed hotel in the SCBA complex. PHOTO: DANISH HUSSAIN/ EXPRESS
ISLAMABAD:
At the entrance of the Supreme Court Bar Association (SCBA) office is the body’s mission statement — the association would ensure the promotion of professional excellence and respect for the rule of law.
But a stone’s throw from the office, the same association has committed one of the city’s largest land-use law violations for monetary gain.
Lahore lawyers hold trump card in SCBA polls
The SCBA has leased out a building — intended to be a lawyers’ hostel and paid for with funding from the government — to a five-star hotel.
The building stands on a plot of over 3,3000 square metres. The plot was allotted to the SCBA by the CDA at a subsidised rate which is usually reserved for government offices, after a one-time rule relaxation was granted by former prime minister Yousuf Raza Gilani.
According to documents available with The Express Tribune, clause eight of the Islamabad Land Disposal Regulation (ILDR) was relaxed to allow the plot to be given to the SCBA — a private entity — at a throwaway price.
After the completion of construction work with federal and Punjab government funding, the building was leased out for Rs2.7 million per month and is now the Grand Ambassador Hotel.
Documents suggest that in 2006, the SCBA had approached the CDA to request allotment of a plot in G-5/2 for the Bar Association Chamber building. The CDA identified a suitable site in G-11/1, but former SCBA president Asma Jehangir approached the CDA with a request that the plot should be allotted at the requested site.
ILDR permits for allotment of plots on subsidised rates only to government organisations. Allotments to private organisations at such rates can only be made via relaxation of rules after formal endorsement from the Prime Minister of Pakistan, the SCBA was informed by the CDA in 2011.
The PM formally endorsed the application and a 99-year lease for the plot was granted to the SCBA in 2011 for Rs18 million, paid for with federal government funding.
Bar body asks parliament to review SC rules
ILDR clearly mentions that land use of such plots would not be changed for any reason, “No plot shall be used for the construction of [fuel filling stations], hotels, marriage halls, or for religious purposes”.
The agreement signed by the SCBA also provides that in case of breach of any one or more of the conditions, the allotment will be liable to be withdrawn or canceled.
After the allotment was completed, the SCBA started construction of a six-storey building. A total of 80 rooms were built, once again using government funding.
Under the deal with the hotel, the hotel management would be liable to provide up to 15 rooms to the SCBA at subsidised rates.
Asif Sheikh, deputy general manager of Grand Ambassador Hotel, said the management had signed a formal agreement with the SCBA and that it had nothing to do with the issue as the hotel management was paying for the facility. Sheikh said the formal inauguration of the hotel is still pending but it is open for bookings.
SCBA President Ali Zafar saw “no illegality or rules violation” in the case. He said the plot was meant for the construction of a lawyers’ hostel.
“SCBA is of the view that building should be made economically viable as the body does not have the funds to manage and maintain the whole building,” Zafar said, adding that the hotel management would run the whole facility and in return, it would provide rooms when required while also paying rent, which would be utilised for the welfare of lawyers.
To a question that the Supreme Court of Pakistan was currently hearing a case related to land use norms violations in Islamabad, Zafar opined that purpose or use of the building and plot had not been changed.
CDA spokesperson Ramzan Sajid said a Building Control Section (BCS) team recently inspected the site and confirmed violations of the land use plan. “The first notice has been served on the management. It directs them to remove the violation and commercial use of property within 15 days,” the spokesperson added.
Published in The Express Tribune, January 16th, 2016.
At the entrance of the Supreme Court Bar Association (SCBA) office is the body’s mission statement — the association would ensure the promotion of professional excellence and respect for the rule of law.
But a stone’s throw from the office, the same association has committed one of the city’s largest land-use law violations for monetary gain.
Lahore lawyers hold trump card in SCBA polls
The SCBA has leased out a building — intended to be a lawyers’ hostel and paid for with funding from the government — to a five-star hotel.
The building stands on a plot of over 3,3000 square metres. The plot was allotted to the SCBA by the CDA at a subsidised rate which is usually reserved for government offices, after a one-time rule relaxation was granted by former prime minister Yousuf Raza Gilani.
According to documents available with The Express Tribune, clause eight of the Islamabad Land Disposal Regulation (ILDR) was relaxed to allow the plot to be given to the SCBA — a private entity — at a throwaway price.
After the completion of construction work with federal and Punjab government funding, the building was leased out for Rs2.7 million per month and is now the Grand Ambassador Hotel.
Documents suggest that in 2006, the SCBA had approached the CDA to request allotment of a plot in G-5/2 for the Bar Association Chamber building. The CDA identified a suitable site in G-11/1, but former SCBA president Asma Jehangir approached the CDA with a request that the plot should be allotted at the requested site.
ILDR permits for allotment of plots on subsidised rates only to government organisations. Allotments to private organisations at such rates can only be made via relaxation of rules after formal endorsement from the Prime Minister of Pakistan, the SCBA was informed by the CDA in 2011.
The PM formally endorsed the application and a 99-year lease for the plot was granted to the SCBA in 2011 for Rs18 million, paid for with federal government funding.
Bar body asks parliament to review SC rules
ILDR clearly mentions that land use of such plots would not be changed for any reason, “No plot shall be used for the construction of [fuel filling stations], hotels, marriage halls, or for religious purposes”.
The agreement signed by the SCBA also provides that in case of breach of any one or more of the conditions, the allotment will be liable to be withdrawn or canceled.
After the allotment was completed, the SCBA started construction of a six-storey building. A total of 80 rooms were built, once again using government funding.
Under the deal with the hotel, the hotel management would be liable to provide up to 15 rooms to the SCBA at subsidised rates.
Asif Sheikh, deputy general manager of Grand Ambassador Hotel, said the management had signed a formal agreement with the SCBA and that it had nothing to do with the issue as the hotel management was paying for the facility. Sheikh said the formal inauguration of the hotel is still pending but it is open for bookings.
SCBA President Ali Zafar saw “no illegality or rules violation” in the case. He said the plot was meant for the construction of a lawyers’ hostel.
“SCBA is of the view that building should be made economically viable as the body does not have the funds to manage and maintain the whole building,” Zafar said, adding that the hotel management would run the whole facility and in return, it would provide rooms when required while also paying rent, which would be utilised for the welfare of lawyers.
To a question that the Supreme Court of Pakistan was currently hearing a case related to land use norms violations in Islamabad, Zafar opined that purpose or use of the building and plot had not been changed.
CDA spokesperson Ramzan Sajid said a Building Control Section (BCS) team recently inspected the site and confirmed violations of the land use plan. “The first notice has been served on the management. It directs them to remove the violation and commercial use of property within 15 days,” the spokesperson added.
Published in The Express Tribune, January 16th, 2016.