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| October 29, 2005 | Saturday | Ramzan 24, 1426 |
SC wants building rules rewritten: Margalla Towers tragedy
ISLAMABAD, Oct 28: The Supreme Court on Friday stressed that building regulations be rewritten introducing earthquake codes and directed the Islamabad police to take all steps, including extradition, to arrest builders of the ill-fated Margalla Towers.
A three-member bench of the apex court, hearing a petition of the occupants of the Margalla Towers which collapsed in the October 8 earthquake, issued a notice to Mohammad Ramzan Khokar and his wife Kehkashan Khokar to appear before it at the next hearing in the last week of November.
“Building regulations should be rewritten after conducting survey, if necessary,” said the bench comprising Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, Justice Abdul Hameed Dogar and Justice Mian Shakirullah Jan.
The petitioners have sought alternative temporary accommodation and damages for the loss of life, property and injuries caused to victims.
The court asked the ministries of commerce and petroleum to brief it on the insurance policy regarding high-rise buildings and information on earthquake/seismic zones.
The SC bench directed the chief secretaries of the three provinces to appear before it and produce building regulations/building code in their respective provinces and asked the Balochistan chief secretary to submit earthquake code, specially framed for Quetta and other areas of the province.
The court approved a rent payment formula agreed between the Capital Development Authority (CDA) and the affected owner occupants — as distinct from tenants — of the collapsed Towers.
CDA agreed to a request by the petitioners’ counsel during the hearing to increase Rs5,000 rent for all the four categories of owner occupants.
As an interim relief, CDA will pay a monthly rent to 88 owners, minus builder occupants, with two-month advance at the rate of Rs75,000 to category A, Rs65,000 to category B, Rs50,000 to category C and Rs40,000 to category D.
Tenant living in the Towers will not enjoy the same relief.
CDA has also agreed to provide to the court complete record of the Margalla Towers, indicating ownership or lease documents of the plot from the point of allotment to project’s completion and the record of the company which constructed it.
In addition CDA will also produce within 10 days a record of allotment of plots including leasing documents and a list of officers/officials who remained involved in this project from allotment of the plot to approval of plan as well as construction/supervision.
Meanwhile in his report, IG Islamabad Police Chaudhry Iftikhar informed the court that police had arrested two CDA officials namely Assistant Director Abdullah Jan and Inspector Noor Mohammad while efforts were being made to nab Abdul Hafeez Sheikh (engineer), who left the country on October 12 after learning about FIR against him, and Azhar Mehmood Qureshi.
According to documents, Chaudhry Construction Company (CCC) Associates was awarded the plot on 33-year lease to construct 144 luxury apartment blocks.
However, the lease period was extended to 99 years and the number of flats to 148 later on a request from Ramzan Khokhar.
The CCC Associates was formed by Brig (retd) Ghulam Rasool Chaudhry and Mohammad Ramzan Khokhar, a former draughtsmen in CDA, in 1991 having equal shares of their wives, the report said.
But a year before his death in 1999, Brig Ghulam Rasool parted ways, leaving the entire assets and liabilities of the company to Khokhar and his wife.
Architect Habib Fida who was assigned the project by CDA also left his job in 1994, citing non-cooperation by the builders on material quality. He submitted a written report to CDA regarding substandard material being used by the builder but the authorities ignored the report.
The IGP said, police had also traced 14 bank accounts of Mr Khokhar and his wife besides six bank accounts of Abdul Hafeez Sheikh. At this the court directed to freeze all the bank accounts.
Meanwhile the court allowed senior counsel Sharifuddin Pirzada to implead Ms Kehkashan and Abdul Hafeez Sheikh as respondents in the case.
The court again directed the counsel for the petitioners to submit studies relating to earthquake zones of different regions.
Chairman Awami Himayat Tehrik Pakistan Maulvi Iqbal Haider and Advocate Ibrahim Satti also moved a petition regarding compensation to the victims of areas like District Mansehra.
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