ISLAMABAD: The owner of an ‘irregular’ skyscraper - One Constitution Avenue - has sought contempt proceedings against the chairman of the Public Accounts Committee (PAC).

The owner and builder, M/s BNP (Private) Limited, has filed a petition in Islamabad High Court (IHC), seeking contempt proceedings against PAC Chairman Noor Alam Khan for defying its directions.

Recently, PAC had directed NAB to investigate the non-payment of Rs17 billion by the group after it expressed its inability to clear the outstanding installments.

The committee in a recent meeting also issued direction to the Federal Investigation Agency (FIA) to probe money trail of those who had bought luxurious apartments in the skyscraper built on land meant for a five-star hotel.

<In March, IHC had restrained investigation agencies from proceedings against builder on direction of PAC, says petition

Since the auction of the plot in 2005, the project has been mired in controversies.

The CDA had auctioned the 13.5 acres for Rs4.8 billion, but without getting full amount it handed over possession of the plot to the group.

The project also remained on the radar of the FIA and NAB. In 2017, the CDA cancelled the lease and sealed the building since the plot was meant for the construction of a hotel, but the developer had built and sold residential apartments instead.

However, a three-member bench of the Supreme Court in January 2019 restored the lease and ruled that if M/s BNP defaulted on furnishing a guarantee or payment of any installment on its due date, the civic agency would have the right, after giving a 30-day notice, to terminate the lease.

The CDA last month canceled the lease of the plot for One Constitution Avenue project over default.

During the hearing of the matter before the apex court, the then counsel for the CDA had objected on one of the members of the bench, asking him to recuse for being a lawyer of the builder in the past. His objection was overruled by the bench.

Earlier this month, Pakistan Muslim League-Nawaz (PML-N) leader Maryam Nawaz also criticised the same judge, saying he was connected with a controversial lease to high-rise apartments.

The builder of One Constitution Avenue in March filed a petition in the IHC, saying PAC Chairman Khan had written letters to various regulators and authorities for taking action against the group.

He requested the court to set aside the directions given to the investigation agencies and regulators against the builder.

Justice Farooq issued notices to the respondents, including PAC, CDA and others and also restrained the investigation agencies from their proceedings initiated against the builder on the direction of PAC.

The court, however, allowed the regulator and the investigation agencies “to continue with any investigation or inquiry prior to the directives [of PAC].”

However, in a subsequent meeting, PAC again issued direction to the investigation agencies to complete the probe against the builder.

The builder then filed a contempt petition against PAC and the IHC issued notice to the committee.

The case was fixed for hearing on April 18. The lawyer of the builder was present inside the courtroom, but since the CDA’s counsel was not in attendance, it was adjourned till May 25.

Published in Dawn, April 22nd, 2023