ISLAMABAD: The Federal Investigation Agency (FIA) has dropped charges against the former Capital Development Authority (CDA) chairman Kamran Lashari, ex members of the CDA board as well as the owner of a private firm which paved the way for regularisation of the controversial lease of land for Grand Hyatt hotel.

FIA Director General Bashir Ahmed Memon approved the findings of a de novo inquiry into the lease of the 13.5 acre plot to a private firm, BNP.

The report clears the influential former bureaucrats as well as the owner of the private firm.

IHC Justice Athar Minallah in March last year declared the construction of luxury apartments on the land meant for serviced rooms of the five-star Grand Hyatt hotel illegal and upheld CDA’s cancellation of lease of 13.5 acre plot to the said firm.

IHC had in March last year declared construction of luxury apartments illegal, upheld CDA cancellation of plot

Justice Minallah constituted a committee consisting of secretaries cabinet, Capital Administration and Development Division (CADD) and law and justice as well as CDA chairman to consider the matter related to paying compensation to the affected buyers.

Prime Minister Shahid Khaqan Abbasi however re-constituted the committee and appointed Attorney General Ashtar Ausaf Ali as its head.

The high-level committee constituted to compensate the affected buyers of controversial Grand Hyatt’s luxury apartments in December last year sought CDA’s input over the regularisation of the lease of the multi-billion rupee plot to M/S BNP (Private) Limited which the Islamabad High Court (IHC) had declared illegal.

Justice Minallah held that the “construction of the residential apartments on the plot and the purported sale thereof was illegal, void and in flagrant abuse and violation of CDA Ordinance 1960 read with the Zoning Regulations, Building Regulations and the Building Control Regulations.”

The FIA had in May, 2017 registered an FIR against former CDA chairman Kamran Lashari, former member planning retired Brig Nusrat, former member finance Kamran Qureshi, former member administration Shaukat Mohammad and former member engineering Moin Kakakhel.

The then additional legal adviser Rai Nawaz Kharal, former director estate Habibur Rehman Gillani and former project management director Dr Faisal Awan were also nominated. CEO of M/S BNP Abdul Hafeez Pasha was also nominated as an accused in the said FIR.

However the attorney general’s committee asked the FIA to conduct a fresh inquiry in this matter.

DG FIA on Feb 20, 2018 in a letter addressed to the attorney general dropped the charges against the persons responsible for awarding the said lease as well as the owner and directors of BNP.

The letter states, “An impartial enquiry was conducted by Capt (retired) Mohammad Shoaib (PSP) in the subject case.

The enquiry officer has concluded that the investigation team could not substantiate the allegations of fraud, abuse of power and authority, forgery, criminal breach of trust, impersonation or cheating against the accused person Kamran Lashari, former CDA chairman; Kamran Qureshi, former member finance CDA; Habibur Rehman Gillani, former director estate CDA and Abdul Hafeez Sheikh chief executive officer M/s BNP.”

The enquiry report not only cleared the above mentioned persons and those cited as accused in the FIR, but also ‘legitimised’ the rescheduling as well as construction of luxury apartments instead of serviced apartments.

Justice Minallah in the verdict of March last year observed that the crucial point is whether a plot earmarked for a five-star hotel can be used for a multi-storey residential purpose.

On the other, he stated that “even if the builder’s argument that the scope of the project included serviced apartments is accepted, the process would be void in view of breach of principles of transparency.”

Published in Dawn, February 23rd, 2018