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.