4. In 2005, the , in exercise of powers conferred by -section 51 read with section 49 of the CDA Ordinance, 1960 framed the Islamabad Land Disposal Regulation, 2005. Regulation 4 thereof provided that the CDA Board may decide to enter into JVAs with any private or public sector agency regarding property vested in it for any specific project.
5. On 30.06.2005, the CDA, by advertisement published In the Daily Dawn, Invited Expression of Interest for development/construction of high-rise residential apartments, commercial, educational, health centres and recreational facilities in the northern strip of Sector E-11. Some developers showed interest, but the proposal could not mature due to adverse possession of the land and built up property in the area.
6. On 14.03.2008 the CDA, by advertisement in the Daily Dawn and Jang again invited Expression of Interest. Three bids from M/S Services Cooperative Housing Society, M/S Golra Associates and M/S MPCHS were received. The proposal of MPCHS, having been approved by the CDA Board was accepted and the JVA dated 02.12.2008, after completion of the codal formalities, was signed. The MPCHS got vacated the possession from the occupants, got approval of planning and engineering designs and 80% of the work had already been completed. The CDA has not spent a single rupee on acquiring possession of land, preparation of its master plan, engineering designs and execution of development works, etc. It was pointed out that on the contrary the CDA had falled to take over possession of the acquired land in Bheka Syedan Sector F-11, Sector E-12, Sector F-12 and Sector G-12.
7. It is pleaded that the other bidders did not object to the award of contract to MPCHS. All major projects relating to buildings, bridges, flyovers, source development of water supply. planning/construction of sewerage treatment plants, etc., were carried out by engaging specialized planners, architects, consultants and contractors of repute.
8. Mr. Khalid Anwar, Sr. ASC who appeared on behalf of the CDA submitted that CDA has observed all rules and regulations while entering into the JVA in a transparent manner and selecting a party. The CDA, by advertisement published in the Daily Dawn dated 30.06.2005 Invited Expression of Interest for construction of high rise apartments in Sector E-11 having shopping centre and other facilities such as community centre, school, mosque, playfields, health centre in the northern acquired strip of land measuring about 70 acres on joint venture basis. The Expression of Interest was invited from high profile well- reputed national and International development firms having vast experience in development of housing/construction. However, nobody came forward mainly because of adverse possession on the land in question.
9. The issue was then considered by the CDA Board in its meeting held on 28.02.2008. It was decided that the housing societies already working in Sector E-11 and having possession of the land will be allowed to have a joint venture with CDA on the land which is owned by the CDA, but is in possession of the societies. Accordingly, by a fresh public advertisement dated 14.03.2008, expression of interest was again invited from the private parties/real estate developers, societies of good repute to develop 54 acres of land in E-11. It was given out that the subject land, though valldly owned by CDA, was under adverse possession of certain illegal squatters and the selected party would have to get the area cleared off and ready for development at its own risk and cost. Reference in particular was made to clauses 3 and 4 of the advertisement, which are reproduced below:-
“3. Preference will be accorded to societies already operating in Sector E-11. Such preference will be determined, in addition to other parameters, by the contiguity and adjacency to the northern strip of sector E-11.
4. Only those societies of Sector E-11 which have clear, undisputed title and possession will be considered. Application of Societies/Parties of E- 11, which possess land in excess of their ownership will not be entertained and will be summarily rejected.”
In response to the above advertisement, three proposals, Including that of MPCHS were received, which were scrutinized by the evaluation committee In Its meeting held on 09.07.2008. MPCHS was found to be qualified as against the other two firms, namely, M/S Services Co-Operative Housing Society and Golra Associates (Pvt.) Ltd. who had only submitted expression of Interest but not the technical and financial bids. The credentials of the two firms were checked and it was observed that they did not fulfil the conditions prescribed in clause 4 of the advertisement. The CDA Board in its meeting held on 21.07.2008 approved the proposal of MPCHS and JVA was entered into with It. To ensure transparency in the execution of the works by the MPCHS, It was agreed, inter alla, that the MPCHS shall, in consultation with the CDA, appoint at its sole cost consultant of International repute through open advertisement in two leading English Daily Newspapers with national circulation for planning, designing and supervision of development work of the project and the terms of reference shall be formulated in accordance with CDA planning requirements/standards. The work will be awarded to contractors duly registered with PEC in the respective category. After approval of the development plan and as full and final consideration for the all actions and activities undertaken by MPCHS under the agreement and the letter of Intent, including without limitation executing development works, the remaining area under residential plots, commercial area, medium rise/high rise apartment buildings, super store, petrol pump, education centre, health centre and other recreational places like hotel and community clubs if and as provided shall be divided between the parties on 57: 43 ratio, though Initially MPCHS In the draft JVA submitted along with the financial proposal had proposed 50: 50 ratio. It being a transparent transaction, the Suo Motu Case be disposed of in the Interest of justice.
10. Mr. Zulfiqar Khalid Maluka, who appeared on behalf of MPCHS submitted that MPCHS was registered with the Registrar of Cooperative Societies, ICT, Islamabad. The objectives of the society are to promote economic interests of its members on the principles of cooperation, self help, on no profit – no loss basis. On account of excellent developmental work, Integrity and experience, MPCHS is registered by Moody International for complying with the requirements of ISO 9001:2008 and ISO 14001:2004. The Senate of Pakistan commended excellent performance of MPCHS and rated it next to Defence Housing Society. It had completed different schemes for which CDA had issued final NOC.
To be Continued…