ISLAMABAD: Islamabad High Court (IHC) has given the nod to the auction of Jinnah Convention Centre (JCC) as it dismissed a plea filed against its privatisation.

A division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Arbab Mohammad Tahir, dismissed the intra-court appeal filed by Raja Anwar Baig that had challenged the process for auction of the centre.

The JCC is located at one end of the Constitution Avenue and is used as a venue for exhibitions and summits by private and public sector organisations.

In March 2021, the Privatisation Commission had published an advertisement inviting expressions of interest for the purchase of Jinnah Convention Centre.

The advertisement stated that the plot measuring 7.59 acres, including the built-up-structure on 4.13 acres, would have a commercial status.

The statement of qualification was required to be submitted on April 14, 2021, whereas Mr Baig moved the court on December 7, 2021.

The bench observed that the appellant had not brought on record any material so as to enable us to form the view that the steps taken for the privatisation of the centre were illegal or unconstitutional.

“In the absence of such material, no effective writ can be issued. Consequently, the instant appeal is dismissed in limine,” the court ruled.

Initially, the fate of the centre’s privatisation hanged in the balance due to differences between the Priviatisation Commission and the CDA.

While the CDA insisted to place the matter before the federal cabinet, the Privatisation Commission was of the view that there was no need to refer the matter again to the federal cabinet which had already approved the transaction of JCC and the CDA had already issued a no-objection certificate.

Regarding the CDA board’s objection that parking or amenity area spreading over 3.46 acres should not be converted from amenity to commercial, the Privatisation Commission said the civic agency had informed the commission that the government under a section of the CDA Ordinance 1960 had the authority to decide the change of land use.

Furthermore, the JCC property status has been converted from ‘amenity’ to ‘commercial’ with the total area of 7.59 acres through the transaction structure approved by the Cabinet Committee on Privatisation in August 2020 and ratified by the cabinet later.

The CDA board maintained that the civic agency’s regulations and bylaws should be made applicable. In response, the Privatisation Commission reminded the CDA of the NOC it had issued in October 2020 in respect of privatisation of JCC where it stated that there were no building bylaws formulated for the area wherein the JCC falls.

“CDA has no objection for the instant case as the privatisation of JCC has been approved by the federal cabinet along with the building bylaws for the transaction structure,” the commission had said.

Published in Dawn, February 2nd, 2022