ISLAMABAD: Islamabad High Court (IHC) Justice Athar Minallah has sought assistance from amici curiae to address the concerns of buyers in the Grant Hyatt apartment building, who said the Capital Development Authority (CDA) gave concessions to some builders.

The court directed the federal government’s counsel and the CDA to explain why plots allotted to bureaucrats and CDA should not be submitted in light of an admitted failure to enforce building bylaws and regulations in Islamabad.

While hearing a petition filed by 38 buyers of apartment on One Constitution Avenue, also known as the Grand Hyatt project, Justice Minallah observed that the authority’s failure and the government’s inability to fulfil their respective statutory obligations was alarming. He said this was evident from preliminary reports submitted by the CDA.

The directions came after the buyers’ counsel asked the court to cancel the allotments of subsidised plots to government and CDA officials after their admission of failure in enforcing laws and regulations.

CDA’s counsel Kashif Ali Malik submitted an interim report on illegal and unauthorised construction detected in commercial buildings in the F, G and I sectors. He also submitted a list of plots cancelled due to non-payment, unauthorised construction, non-compliance within the stipulated time, unauthorised trade and on court orders.

Petitioners ask court to cancel plot allotments to govt, CDA officials for failing to enforce building bylaws, regulations

Lawyers Khalid Anwar and Abid Hassan Minto have been appointed amici curiae in the matter.

In response to Justice Minallah’s direction, in which he sought proposed solutions from the affected buyers, they suggested attaching the salaries of the CDA chairman and higher-ups, as well as the concerned bureaucrats, to compensate them.

They also asked whether the CDA can give concessions to any individual who has constructed a building that violates the law where the law does not permit such an exemption, and would such an exemption not be discriminatory.

The petitioners asked if there are any properties within the acquired Islamabad Capital Territory area that were not utilised for the purpose for which they were constructed or for which the land was disposed of.

The petitioners asked the court to define the mechanism for compensation to petitioners and other people affected by the judgement upholding the CDA’s decision to cancel the lease for the aforementioned project.

They claimed that some buildings – including Centaurus, Marriott, Serena Hotel, Islamabad Stock Exchange, Oil and Gas Development Company, Directorate of Health Services and Silver Oaks – have not obtained the mandatory completion certificate and therefore, have technically been illegally occupied.

The petitioners sought court directions for the CDA to act without discrimination and immediately against all illegally constructed and occupied buildings.

On March 3, Justice Minallah upheld the CDA’s decision to cancel the Grand Hyatt project lease and dismissed identical petitions challenging the cancellation.

The court will take the case up again on May 4.

Published in Dawn, April 13th, 2017