ISLAMABAD: The Capital Development Authority (CDA), which is under severe pressure to regularise unauthorised buildings in Banigala and restore the cancelled lease of a plot meant for the Grand Hyatt Hotel, has moved a summary for the appointment of its new legal adviser.

The law wing of the civic agency has forwarded the summary to the Ministry of Law and Justice.

The summary moved by Mumtaz Ali Sher, deputy director (legal), to Nazakat Ali Bhand, sector officer Solicitor-IV section at the law ministry, stated: “The panel of following three advocates is being proposed for appointment of one of them as the legal adviser.”

Summary containing three names sent to law ministry

The names comprised Mohammad Munir Paracha, Afnan Karim Kundi and Barrister Rehan Seerat.

Sources said CDA’s legal adviser Kashif Ali Malik was compelled to resign.

The change of the legal adviser comes at a time when the deadlines for filing of review petitions in important cases such as Grand Hyatt/One Constitution Avenue, Information Technology University, F-14 and 15 and acquisition of land for the Federal Government Employees Housing Foundation and farmhouses are approaching.

Recently, Afzal Lateef was also removed from the post of the CDA chairman. He was considered a strong opponent of the regularisation of Grand Hyatt, Banigala and farmhouses.

Interestingly, Prime Minister Imran Khan owns an apartment in Grand Hyatt and is also a beneficiary in the regularisation of Banigala where he has his private residence.

The Ministry of Interior was also pushing the CDA for implementation of the Supreme Court judgment in Grand Hyatt case.

Former chief justice of Pakistan Mian Saqib Nisar before his retirement accepted the private builder’s petition seeking restoration of the lease of the hotel plot subject to payment of over Rs17 billion.

The builder, M/S BNP, has also filed an application for de-sealing of the premises.

The de-sealing could not take place without seeking the opinion of the CDA legal adviser.

Further, the former legal adviser had advised the CDA to file a review petition against the apex court’s order regarding restoration of the plot.

Mr Malik successfully represented the CDA in the case before a single and division bench of the high court. He also defended other high-profile litigation of the CDA before the high court.

Legal experts said the CDA Board was not properly constituted at the moment as most of the positions of members were either vacant or on acting charge.

Furthermore, their appointment is also under doubt in view of the Islamabad High Court judgment in Sheikh Ansar (Mayor of Islamabad) case that declared that a civil servant cannot head the CDA.

In the summary, the CDA justified the appointment saying, “the present legal adviser tendered his resignation which is still pending for consideration by the CDA board” and requested the law ministry that “one of the [above mentioned] advocates may please be considered for appointment as legal adviser.”

Published in Dawn, February 2nd, 2019