One Constitution Avenue: Supreme Court will not let tower be torn down, says CJP

Bench chastises CDA for its poor performance

ISLAMABAD: The Supreme Court on Thursday hinted at holding former interior minister accountable for directing to seal a multi-storey tower being built on One Constitution Avenue in the city, even as it offered what appeared to be a lifeline to the builders of the structure.

This was suggested as a three-member bench of the Supreme Court (SC), led by Chief Justice of Pakistan Mian Saqib Nisar, as it heard an appeal against an order of the Islamabad High Court (IHC) which had upheld the Capital Development Authority (CDA) decision to cancel the land lease.

During Thursday’s hearing, the prosecution’s counsel Ali Zafar told the court that there were three contentions regarding the case. The first was that the federal cabinet had first approved the project on July 2, 1999. Moreover, in inquiries conducted by the Federal Investigation Agency (FIA) and the National Accountability Bureau (NAB), the two investigating bodies had called for approving the master plan.

However, he contended that while cancelling the lease of the plot, the CDA had presented new objections.

The third issue was that the to-date there is no definition in the law of a serviced apartment.

At this CJP Nisar remarked that granting a 99-year-lease was the basic issue.

“A 99-year-lease does not fall under the category of the service lease. You cannot give a serviced apartment on a 99-year lease,” the top judge maintained.

“The building has been constructed, now we will not allow it to be torn down,” the court remarked.

Instead, it was offered that the tower which has been built can be regularised but the two other plots would be auctioned. The four-company consortium, which had built the tower, will be allowed to participate in the auction process and will have the opportunity to buy those plots back.

Turning to Zafar, the CJP directed him to consult with his client over the offer.

“Are they ready to pay an additional Rs15 billion to secure the lease?” the CJP asked.

During Thursday’s hearing, the CJP also chastised the CDA for its poor performance. He pointed out that the CDA had just a few days ago expressed its desire to forego the Rs90 million in payments which were to be paid to the authority.

However, CJP Nisar remarked that they had managed to recover around half of that, some Rs45 million.

Addressing CDA Estate Member Khushal Khan, the court said that if there were people like him in the department, then what would be the authority’s performance.

“The CDA wants to hold others responsible for its own default,” the CJP remarked.

The CJP went on to ask why did the CDA seal the towers on the directives issued by former interior minister Ch Nisar.

“Ch Nisar did not have the authority to issue such directives. Why not hold Ch Nisar for the entire matter,” the CJP remarked. Allowing the parties time to deliberate, the case was adjourned until Friday (today).

Margalla Hills case

In a case on cutting trees in the protected Margalla Hills National Park (MHNP), the top court has sent a conflict between the Rawalpindi cantonment and the CDA to the federal cabinet for resolution.

The court, though, remarked that the issue pertaining to Islamabad’s limitation matter has now been solved and that the cabinet should take a decision on the issue between CDA and the cantonment.

This was directed as a three-member bench of the SC, headed by CJP Nisar heard the case on Thursday.

At the outset of the hearing, the additional attorney general told the court that the issue of delimitation has been resolved between the CDA and the cantonment. The matter will now be sent to the federal cabinet for approval.

At this, the CJP remarked that the court wants delimitation of the federal capital.

“The cabinet’s decision will be implemented,” he said, adding, that the aim of the judicial action was to set the city limits. If something can be done on the orders of the president then the federal government has to decide who can do it.

CJP further asked to see the survey general’s report and map. He added that whatever is not covered in this report, the provincial and federal governments will be asked to resolve amongst themselves.

“The government in the centre, Punjab and Khyber-Pakhtunkhwa are from the same party,” the CJP noted. Resuming after a break, the court disposed of the case while directing to implement the federal cabinet’s decision on the matter. 

Published in The Express Tribune, December 7^th, 2018.