CDA submits report in IHC on building bylaws

ISLAMABAD: The Capital Development Authority (CDA) in response to the Islamabad High Court (IHC) orders has submitted a report with details about the implementation of building bylaws about 23 leading high rise multi-storey/multi-use buildings of Islamabad.

As per this report, some of the monumental buildings of Islamabad were occupied without approval of the competent authority. These building included Marriot Hotel, Serena Hotel, UBL, Islamabad Stock Exchange, OGDCL, Centuras, Silver Oaks and DHS buildings in F-7 Markaz.

Legal counsel for CDA Kashif Malik advocate while talking to The News said that once the construction of a building got completed, owner of the building applied for a completion certificate. As per law and procedure, a team of civic agency inspects the building and approves that the building is safe to reside or inhibit.

As per this report, the approval of Marriot Hotel building plan was done in 1975 and owners of the said building in November 2016 applied for completion certificate that is still under process.

However, the status regarding payment of principal amount in some of the above mentioned buildings is ‘paid’ including Centaurus, Marriott Hotel, Serena Hotel, CCC Associate, Silver Oaks, State Life, NIC Headquarters, Civil Aviation Authority, Pakistan International Airlines, Islamabad Stock Exchange, PTET Tower, Saudi Pak Tower and the National Logistic Cell have paid the principal amount and only Safa Gold Mall is under litigation.

The report says that CDA in years 2015-16 cancelled 9 plots of commercial/ multi-use/ hotels due to non-payment of dues. These plots included Park-1 F-10 Markaz, F&V Marker I-11/4, Hospital Plot I-8 Markaz, Plot number 6 F-10 Markaz, Hotel plot near Convention Centre, three plots of Margallah Town extensions and one another plot in Blue Area.

It is to mention here that IHC Justice Athar Minallah while hearing into a petition of BNP group against cancelation of its 99-year lease by CDA, had directed the civic body chairman to submit an affidavit regarding enforcement of applicable rules for commercial buildings.

CDA here Thursday submitted a report about 23 leading buildings of Islamabad and told the court that it could provide details about all other buildings of Islamabad as well. A private company, BNP Private Ltd, previously an allottee of the 13.45 acres of land at Constitution Avenue has challenged its lease cancellation notification issued by the CDA on July 29, 2016. The company was building a five-star hotel, Grand Hyatt, and high rise serviced apartments at the said plot.

Previous hearing on December 28 IHC judge had raised the question, “Is CDA not enforcing the laws on other building, you pinpoint a single party and apply all the rules on it?” CDA in its report about lease cancellation of BNP stated that the construction of main component hotel tower had not yet commenced, approval of plan expired in 2013, revised plans were not submitted as per approved format of the authority, serviced apartments were sold out to general public.

Besides, BNP group instead of 120 approved serviced apartments, constructed 240 apartments and sold them. The company did not submit numerous certificates from architect and engineer regarding sound, stability and completion plan.

About Centaurus Mall, the report says that beside occupancy without taking permission from the competent authority, its basement is under non-confirming use. CDA has issued notices in this regard and initiated it action, the report further says. Centaurus, however, has submitted partial completion plan in November which is under process.

Silver Oaks apartment in F-10 Markaz also accused of non-conforming use of the basement as per this report. The petitioner in whose petition’s response this report has been submitted had challenged its lease cancellation on August 10. The petitioner company claimed that it did not violate any law but it was inefficiency of the CDA officials instead, that caused the petitioner huge financial losses.

During last hearing, IHC bench had inquired from the CDA whether construction rules were enforced on other buildings as well or the petitioner BNP had been singled out for violation of rules. Upon which CDA counsel had told the court that the construction company had been given maximum undue favours and unprecedented relaxation of rules.

The court will resume hearing in this matter on Friday.