IFTIKHAR MUHAMMAD CHAUDHRY, CJ
In December 2008, the Capital Development Authority (CDA) entered into a Joint Venture Agreement (VA) with M/S Multi Professional Cooperative Housing Society (MPCHS) for development of 54 acres of land located in northern strip of Sector E-11, Islamabad. A news report appeared in the DAILY PATRIOT dated 04.07.2009 stating that prime land belonging to the CDA had allegedly been given to MPCHS through an underhand deal. The press clipping was registered as Human Rights Case No. 3557-G of 2009 vide order dated 06.07.2009 passed by one of us (Iftikhar Muhammad Chaudhry, CJ) and a report was called from the Chairman CDA. It was, inter alia, stated in the report that originally CDA owned 78 acres of land at northern strip of Sector E-11, out of which 24 acres were utilized for adjustment of the outstanding claims of the locals as per directions of the High Court and the remaining land was under adverse possession, therefore, considering that the said land would be consumed to settle the claims, which were the subject matter of many petitions pending in different Courts, CDA entered into the JVA with MPCHS. It was further stated that in pursuance of decision of CDA Board, Expression of Interest was invited from interested parties and after due consideration and evaluation, the said JVA was signed. The matter was registered as Suo Motu Case No. 13 of 2009 and was fixed in Court.
2. In the concise statement filed on behalf of the CDA, it is submitted that in 1968, land measuring 654 acres in Golra Revenue Estate comprising Sectors E-11 (203 acres), E-12 (36 acres), F-11 (45 acres), F-12 (77 acres) and Blue Area (293 acres) was exempted from acquisition by the Federal Government with the approval of Field Marshal Muhammad Ayub Khan, the then President of Pakistan. In 1969, the CDA acquired land falling in Sector E-11 at a nominal cost of Rs.208/- per kanal, but did not announce Award in respect of houses/bullt up property nor any compensation/allotment of plots was made to the affectees/occupants. In 1983, the CDA with the approval of the then President of Pakistan decided to exchange and consolidate In Sector E-11 the land of Golra Revenue Estate situated in Sectors F-11, F-12, E-12 and Blue Area. In 1986, six Cooperative Housing Societies Including the National Police Foundation with the approval of CDA purchased land in Sector E-11, took possession from the affectees/occupants and developed it. Only 78 acres of land located in the northern strip of Sector E11 remained with the CDA. Subsequently, 24 acres were allotted to locals against their claims, leaving a balance of 54 acres.
3. It is further stated that in December 1992, CDA In exercise of the powers conferred by section 51 read with section 11 of the CDA Ordinance, 1960 framed with the approval of the Federal Government the Islamabad Capital Territory (Zoning) Regulation, 1992, hereinafter referred to as ‘the Regulation’. The Regulation divided the Capital Territory into five Zones, viz., Zones 1 to 5. The development of Zone 1 was entrusted to CDA, while private parties were authorized to buy and develop land falling in Zones 2 and 5. Although Sector E-11 was located in Zone 1 and was to be developed by the CDA Itself, but on account of consolidation of land, it was provided in regulation 4(1)A(iv) of the Regulation that no private scheme of any kind whatsoever shall be allowed except in Sector E-11 where the schemes would be regulated by the provisions applicable to schemes in Zone 2. In June 1993, the CDA framed Modalities and Procedures under the Regulation for development of private housing schemes in Zones 2 and 5.
To be Continued…
