Diplomatic Enclave: Breach of rules in plot allotment
A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry heard the case.
The contention of ownership emerged between two parties — MNA Hamid Yar Hiraj, Chairman Earthquake Reconstruction and Rehabilitation Authority (ERRA) and Shabnum Ashraf, principal of a private school.
Naeem Bukhari, the counsel for Ashraf, told the court that CDA did not properly advertise for the bidding of the school plot that was allotted to Hiraj. He said Hiraj’s application was entertained after the last date of the applications.
CDA received 46 applications from Islamabad while five from other parts of the country, he said.
After receiving nominal dues, CDA allotted the costly plot to Hiraj, he claimed. He further said that the MNA was running a school in Multan but his school was never inspected before allotting the plot for the same purpose.
Hiraj contended that he paid money for two acres land and pledged the school would not be constructed at the site before the final verdict of the apex court.
He accused Ashraf of operating a school illegally on four acres of land in Diplomatic Enclave near his plot.
He further said that his rival “did not pay a penny” against that plot.
Lawyer Bukhari admitted before the court that his client had occupied a football ground near the school but said she would vacate it when CDA asks her to.
Responding to a query of the bench, Hiraj replied that he paid around Rs40.5 million to CDA so far out of Rs70.5 million. He added all five schools in the Diplomatic Enclave had been shut down due to such controversies.
The chief justice remarked that the court was supposed to ensure transparency in the process without considering any other fallout.
Afnan Kundi, the legal adviser of CDA, submitted before the court that the civic agency was ready to resolve the controversy if the two parties negotiated with each other.
The court observed that it was not a deal, but a matter of transparency; therefore the plot must be allotted on merit.
Ashraf’s counsel apprised the court that a petition in this case has been pending before Islamabad High Court since 2009. It should be decided first which court would hear the case.
Lawyer Bukhari and Hiraj sought more time from the court.
The hearing of the case has been adjourned till the second week of January 2011.
Meanwhile, a reporter presented documents pertaining to the irregularities committed in the allotment of the Diplomatic Enclave plot before the bench. The court asked him to appear in the next hearing.
Published in The Express Tribune, December 14th, 2010.
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