One Constitution Avenue case: CDA asked to submit affidavit of rule enforcement

IHC judge hears arguments over CDA’s history of granting favours to petitioner

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the Capital Development Authority (CDA) chairman to submit an affidavit regarding enforcement of applicable rules for commercial buildings.

Justice Athar Minallah directed the civic body to submit the affidavit while hearing petitions filed by the owners of the One Constitution Avenue complex and others who have challenged the CDA’s decision to terminate their land lease contract.



When the case was taken up, Justice Minallah asked CDA’s Counsel Kashif Ali Malik if the civic body has enforced its rules during the construction of other buildings in the capital and why the petitioners were accused of violating rules.

Justice Minallah also remarked that the CDA raised no objection when the building was being constructed and only cancelled the lease when a third party intervened.

The counsel replied that the construction company was allowed numerous undue favours and unprecedented relaxation of rules.

To this, Justice Minallah directed the CDA chairman to submit an affidavit regarding the observance of rules for other buildings in the capital.

On August 1, CDA informed the IHC that it had terminated the 99-year lease granted to BNP due to violations of CDA bylaws and rescheduling of outstanding dues.



On July 1, the CDA had sealed the under-construction multi-storey meant for Grand Hyatt Hotel for various building and layout plan violations.

Among other violations, CDA has accused the BNP management of constructing over 240 residential apartments in a building marked for a hotel. In addition, a report submitted by the CDA before the IHC stated that BNP sold apartments in the building without obtaining a completion certificate.

Following the arguments, the case was adjourned till December 30.

Published in The Express Tribune, December 29^th, 2016.