Land transfers and allotment: Probe body findings leave city managers dumbfounded
Says all land allotments since 1960 are illegal; authority officials slam opinion.
The allegation has been termed “foolish” and based on “lack of knowledge” by one of the most senior officers at CDA. PHOTO: FILE
ISLAMABAD:
Since the establishment the Capital Development Authority in 1960, all the transfers and allotments of residential, commercial, agricultural and industrial plots are illegal as the CDA ordinance does not have any such provisions.
This charge was levelled in a letter sent to the authority by the secretary of an inquiry committee — formed on the orders of the Islamabad High Court — that is looking into the affairs of CDA.
The letter also states, “The proprietary rights of any land could only be given under Land and Revenue Act 1967 and Transfer of Property Act 1882, as the CDA Ordinance 1960 did not have any such provisions”.
The allegation has been termed “foolish” and based on “lack of knowledge” by one of the most senior officers at CDA.
“It means the establishment of almost all the capital’s buildings including the Parliament House, Prime Minister’s Secretariat, Supreme Court and all other residential and commercial buildings is illegal and the buildings are liable to be demolished,” said the CDA official, adding that it seems the inquiry officer did not even bother to go through the CDA Ordinance and other important materials before making the “irrational” statement.
The letter was written by Ministry of Information Technology Joint Secretary Dr Jamal Yousuf — one of the six inquiry committee members. Other members include the additional secretaries of petroleum, planning commission, cabinet, establishment and economic affairs division.
The statement of the inquiry committee that allotments and transfers of land are beyond the CDA’s mandate followed a hearing held on August 5 this year. CDA sources said a detailed response has been sent after receiving the letter.
The authority in its reply cited Section 49 — Power to Dispose of Land — of the CDA Ordinance that states “The authority may retain or lease, sell, exchange, rent or otherwise dispose of any land vested in it.”
It also states, “Statutory rules and regulations regarding transfer of state land in terms of Articles 260 and 268 (7) of the Constitution have been declared to be the law for purpose of Article 173 (5) of the Constitution. Law therefore exists within the limits of Capital Area of Islamabad.”
The reply further quotes Chapter 3, Article 172 (5) of the Constitution of Pakistan 1973, which states, “Transfer of land by the federal government or a provincial government shall be regulated by Law.”
A CDA official requesting anonymity said the inquiry committee was probing things which were beyond their purview and could create hurdles in the authority’s functioning.
He further said that judicial commission also recently questioned the formation of a six-member committee by the federal government to probe issues already looked into by the judicial commission.
“The issues have been probed and the judicial commission in its report suggested a way forward. In spite of taking action in the light of the commission’s findings, the government has ordered a fresh inquiry into the issues,” said a source close to the judicial commission.
The inquiry committee’s formation was notified by the Cabinet Division on the CDA’s request earlier in the year. On April 25, 2013, the IHC made public a report prepared by a three-member judicial commission formed on its directions. The commission had pointed out irregularities and violations of rules and regulations in several multi-million projects of the authority, mostly undertaken in the past decade.
Published in The Express Tribune, September 11th, 2013.
Since the establishment the Capital Development Authority in 1960, all the transfers and allotments of residential, commercial, agricultural and industrial plots are illegal as the CDA ordinance does not have any such provisions.
This charge was levelled in a letter sent to the authority by the secretary of an inquiry committee — formed on the orders of the Islamabad High Court — that is looking into the affairs of CDA.
The letter also states, “The proprietary rights of any land could only be given under Land and Revenue Act 1967 and Transfer of Property Act 1882, as the CDA Ordinance 1960 did not have any such provisions”.
The allegation has been termed “foolish” and based on “lack of knowledge” by one of the most senior officers at CDA.
“It means the establishment of almost all the capital’s buildings including the Parliament House, Prime Minister’s Secretariat, Supreme Court and all other residential and commercial buildings is illegal and the buildings are liable to be demolished,” said the CDA official, adding that it seems the inquiry officer did not even bother to go through the CDA Ordinance and other important materials before making the “irrational” statement.
The letter was written by Ministry of Information Technology Joint Secretary Dr Jamal Yousuf — one of the six inquiry committee members. Other members include the additional secretaries of petroleum, planning commission, cabinet, establishment and economic affairs division.
The statement of the inquiry committee that allotments and transfers of land are beyond the CDA’s mandate followed a hearing held on August 5 this year. CDA sources said a detailed response has been sent after receiving the letter.
The authority in its reply cited Section 49 — Power to Dispose of Land — of the CDA Ordinance that states “The authority may retain or lease, sell, exchange, rent or otherwise dispose of any land vested in it.”
It also states, “Statutory rules and regulations regarding transfer of state land in terms of Articles 260 and 268 (7) of the Constitution have been declared to be the law for purpose of Article 173 (5) of the Constitution. Law therefore exists within the limits of Capital Area of Islamabad.”
The reply further quotes Chapter 3, Article 172 (5) of the Constitution of Pakistan 1973, which states, “Transfer of land by the federal government or a provincial government shall be regulated by Law.”
A CDA official requesting anonymity said the inquiry committee was probing things which were beyond their purview and could create hurdles in the authority’s functioning.
He further said that judicial commission also recently questioned the formation of a six-member committee by the federal government to probe issues already looked into by the judicial commission.
“The issues have been probed and the judicial commission in its report suggested a way forward. In spite of taking action in the light of the commission’s findings, the government has ordered a fresh inquiry into the issues,” said a source close to the judicial commission.
The inquiry committee’s formation was notified by the Cabinet Division on the CDA’s request earlier in the year. On April 25, 2013, the IHC made public a report prepared by a three-member judicial commission formed on its directions. The commission had pointed out irregularities and violations of rules and regulations in several multi-million projects of the authority, mostly undertaken in the past decade.
Published in The Express Tribune, September 11th, 2013.