PHOTO: FILE
ISLAMABAD: The Supreme Court on Wednesday sought suggestions from the Capital Development Authority (CDA) to resolve the One Constitution Avenue issue.
The court directed CDA to submit a plan that ensured protection of third party rights besides being implementable.
A three-member bench led by Justice Umar Ata Bandial was hearing the review petition on One Constitution Avenue issue.
The counsel of One Constitution Avenue Ali Zafar told that SC had increased the fine amount from Rs3 billion to Rs17 billion for regularisation of the building.
He argued that the verdict was entirely in favour of CDA but the authority was now asking for a review and added that it was beyond understanding what CDA really wanted.
Justice Bandial asked whether CDA wanted to demolish the building or there was another solution to the problem. He remarked that the court would only hear the review petition if it found the solution to be submitted implementable. Justice Bandial said that the authority had failed in resolving the issue and was responsible for further worsening it.
However, the counsel representing CDA assured the court that they would submit an implementable plan of action after which the court adjourned the case until next month.
The Grand Hyatt Apartments on One Constitution Avenue were built by BNP a consortium. The project was supposed to be a five-star hotel, however, the developer leased out the rooms as apartments.
Many top politicians, bureaucrats, and businessmen had invested in the project launched in 2004.
CDA, following IHC orders, had cancelled the lease of the plot for unauthorised use of hotel site for residential purposes. However, earlier this year the apex civic agency in the federal capital has filed a review petition against the top court’s decision to restore the lease of the multi-storey structure on One Constitution Avenue after imposing a fine worth Rs17.5 billion.
CDA claimed that regardless of the value of the fine, it cannot justify the regularising a building in contravention of principles of justice.
The civic agency argued that flats cannot be built on land earmarked for the construction of a five-star hotel.
The Supreme Court has asked CDA to give a proposal to resolve this issue.
Report on water theft
SC in its suo-moto case regarding the drying ponds in Katas Raj Temple, has directed Environmental Protection Agency (EPA) to submit a report on water-theft.
Katas Raj Temple, near Kallar Kahar, is a complex of several Hindu temples connected to one another by walkways.
The temple complex surrounds a pond named Katas which is regarded as sacred by Hindus.
According to the Hindu mythology, the temple’s pond is said to have been created from the teardrops of Shiva, after he wandered the Earth inconsolable after the death of his wife Sati. The place is also mentioned in the Hindu epic poem, the Mahabharata. The sacred pond of the temple has been running dry on which SC has taken a suo-moto notice.
The case was heard by a three-member bench headed by Justice Bandial.
During the proceeding, the counsel of DG Khan Cement Factory informed the court that the air-cooling system in the factory would be installed by the end of the current year.
At this, Justice Aijazul Hasan asked whether there was enough rainfall in the area to restore the amount of water in the pond.
Jhelum district deputy commissioner said that water of tube-wells was not being misused, apparently as there were water metres installed at each tube-well. He added that 90 per cent ponds of the cement factory were filled.
MNA Dr Ramesh Kumar expressed concerns that the factory might have installed a hidden water pump to which DC replied that the court placed a ban on using underground water and since then, they were monitoring it.
Justice Hasan remarked that there was a possibility that the course of underground water was altered. The court directed EPA to submit a report on water-theft with comments of experts that why the pond of Katras Raj Temple dried up after sometime.
The case was adjourned till January next year.
Published in The Express Tribune, November 7th, 2019.
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