SC to take up CDA report on US embassy expansion on March 28

Petition is being taken up after almost two years as the apex court ordered a written explanation

ISLAMABAD: The Supreme Court is going to examine a report of the Capital Development Authority (CDA) on March 28 on the US embassy’s construction plan to build a basement and a new seven-story office building.

The petition is being taken up after almost two years as on March 21, 2016, the apex court had sought a written explanation over the petitioner’s allegations regarding the construction of a hotel inside the embassy.

Petitioner Zafarullah Khan, a lawyer and chairman of Watan Party, had approached the apex court in 2009, praying the apex court should ask the government to verify the allegation that a hotel was being constructed in the US embassy.



The petitioner had made the request to stop the government from providing additional land for the expansion of the embassy, which already occupies 38 acres in the diplomatic enclave.

His fear was that the expansion of the US mission might pose dangers to national security.

During hearing on September 21, 2015, a bench, headed by Justice Ejaz Afzal Khan, had asked the ministries of defence, foreign affairs and interior and the Capital Development Authority to submit their replies on the petitioner’s claim that additional 18 acres of land have been granted by the government for the expansion of the embassy.

The three-judge bench of the apex court, headed by Chief Justice of Pakistan Mian Saqib Nisar, comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, will resume the hearing of the eight-year-old constitutional petition, Last year, Deputy Attorney General Sohail Mahmood had submitted a report in the apex court on behalf of the CDA in which it was stated that the US diplomatic mission had not violated any of its building by-laws.



This is for the first time that the bench will examine the CDA report on the issue.

In the report, the civic agency stated that CDA Building Control Section Deputy Director Rahim Khan Bakhsh along with the assistant director, a building inspector, and a representative of the US embassy had inspected the under-construction building on June 20, 2016, and again on September 1, 2016, to determine the actual, on-ground position of the site.

The report added that five blocks had been completed in accordance with the building plans approved by the CDA. Moreover, the completed building was occupied and conforming to its stated use – as office space.

It further said that work was in progress on office blocks towards Club Road and three residential blocks with a recreational pool in line with the approvals granted by the CDA.

Two years ago, the interior ministry in its reply on the same matter had stated that expansion of the US embassy was a matter of bilateral interest and “cannot be dictated merely on hearsay”.



The interior ministry’s reply had stated that the matter had been taken up with security agencies and contended that the allegation of throwing Pakistan into a proxy of bigger power, was flimsy and sketchy.

“In the current era, there is hardly any nation or state which can stay aloof from the evolving situation in their respective region. Pakistan, being a responsible state, is surely capable of steering the things as per national interest,” the interior ministry had further stated.

Moreover, the ministry further stated that the leasing out of 700,000 hectares of agriculture land to Qatar and other Arab countries would only happen after the departments concerned completed all required groundwork.

The reply says that security agencies have the mandate of vetting cases in hand and granting NOCs on lease taken by foreign missions, INGOs, MNCs, and others, adding that the respective departments are fully aware of their mandates.