New turn as consultant objects to projects transfer

KARACHI: NESPAK has submitted its terms of reference for vetting the structural design of the Creek Terraces and Creek View projects at the Creek City in DHA Phase VIII on the lawsuit of a technical consultant who had challenged the construction of the project by the AKD Capital.
The court had appointed the NesPak for determining the structural design and stability of the project and directed the NesPak to submit the terms of reference in this regard.The technical consultant, Kashif Alam Associates, sought an injunction against the transfer of construction contract to the AKD Capital by the DHA, contending that the AKD Capital was not a participant of the bidding process.
The plaintiff contended that the contract was first awarded to the BF property by the DHA on August 24, 2005 on the basis of its technical consultancy of the project but the project was unlawfully given to the AKD Capital though it had not participated in the bidding project and, therefore, a fresh bid of the project be conducted in accordance with the law. The counsel of the plaintiff, AKD Capital and Creek Developers, had filed a before the court for determining the structure and stability of the project including execution of piles foundation work through technical expert NesPak.
Filing term of reference, NesPak submitted that it will vet design of structure and sub-structure of the project based on design date provided by the designers, data of execution work, test performed at site during construction period of project and field tests.
NesPak submitted that it cannot issue a certificate of safety of all towers, work piles beneath the project as execution and load testing of these piles were not carried out in it presence. However, it said that a safe allowable load carrying capacity of pile can be reckoned by critically scrutinizing the available record related to execution of pile work, pile load and field tests of the site. Nespak demanded Rs 120 million to complete this work. It also asked to be paid half of the amount in advance.
SHC’s single bench headed by Justice Zafar Ahmed Rajput after taking the report on record adjourned the hearing for April 2 on request of the counsel of parties who wanted to go through the term of reference.
It is pertinent to mention that another lawsuit against construction of Creek Terraces and Creek View projects at Creek City in DHA Phase VIII was filed by Zahidullah Khan, a resident of DHA on ground that project in question on amenity plots allocated for park, graveyard, school and sewerage treatment plant on Khayaban-e-Shaheen, Phase VIII.
Plaintiff submitted in the case that the land of the said project consists of 25 acres for Creek Terraces and 18 Acres of Creek View totaling to 43 acres in Phase VIII, Creek City whereas original master plan issued by D.H.A of Phase VIII of the same land consists on amenity plots specifically allocated for a park, schools, sewerage treatment plant and graveyard. He said that the said amenity plots were designed for the benefit and usage of general public as a necessity and under the main lease issued to DHA cannot be used for any other purpose nor can be sold, allotted or transferred to any private person including defendants Creek Developers, BF Property and Construction Pakistan and AKD Capital limited.
It was submitted that DHA has launched projects in names of Creek Terraces and Creek View, Creek City in DHA, Phase-VIII which land in the Master layout plan is shown amenity area but without permission of the federal government the DHA illegally and unauthorizedly granted permission to the defendants Creek Developers, BF Property and Construction Pakistan and AKD Capital limited to launch the aforesaid projects. He submitted that project in question was being built on land earmarked originally as amenity plots alleging that there have been blatant violations of the PPRA Rules 2004 in this project.
He submitted that the property in question at the time of grant of Expression of Interest was valued at only Rs.6 billion whereas the actual value of the said project is Rs.40 billion adding that it is apparent that by using the amenity plots the DHA and AKD capital limited are extorting monies from general public unlawfully for their own self enrichments. He submitted that huge loss to public exchequer will be made in as much as that in the master plan there will be no land left for amenities designated initially by the DHA.
He submitted that DHA malafidely allowed AKD Capital to independently run the implementation of the project without the technical consultant if the quality control of the project was not checked it could cause a disaster and loss of lives to public at large. It was submitted that in case the said project is allowed to be completed, the public at large will not only loose their savings and investments resulting in multiple litigation as in the case of other DHA projects but will also be at risk of losing their lives due to the defective construction of the building.
The court was prayed to declare that initiation of project on amenity plots allocated for park, graveyard, schools and sewerage treatment plant situated on Khayaban-e-Shaheen, Phase VIII, D.H.A, Karachi to a flat site and commercial usage is unlawful and same cannot be used for any other purpose.
The counsel of the DHA, however, submitted that projects were not being constructed on amenity plots adding that authority was adhering to the master plan in all respect. He also placed documents relating to indenture of lease between President of Pakistan through military estate officer and DHA on November 11, 1975 and February 21, 2002 and lease between Port Qasim Authority and DHA on August 21, 2003. He also placed copies of proposed master plans of DHA phase VIII in 1989, 1992 and approved master plan in 2007. The counsel of AKD Capital had adopted the arguments of the DHA.