OCA affected people won’t budge before CDA tactics

Islamabad: The affected people of the One Constitution Avenue (OCA) have alleged that the Capital Development Authority (CDA) is misleading public by requesting those who have invested in serviced apartments in OCA to apply for refund.

The affectees said the ruling of the Islamabad High Court (IHC) with reference to the OCA, which is otherwise under review in appeal before a divisional bench of IHC, directed that CDA and the Government give compensation to the members.

They alleged that the investors were allowed by CDA to invest in OCA and in fact misled by CDA directly holding that civic body was guilty of negligence. 

They said the question of the basis for compensation in terms of calculations is also the subject of a further writ petition before the IHC instituted by many members of public who have suffered in view of the OCA debacle. “The IHC in this writ petition has already directed CDA, CADD and Ministry of Interior to submit a report as to the basis for such calculation of compensation and also what they intend to do with 403 other buildings which have been disclosed by CDA to be in violation of CDA by-laws,” they said.

They regretted the report has not yet been filed however CDA is asking for people to file claims. “ This is why only 5 of the 240 persons have submitted refund claims because the matter is still being discussed in the courts and the very formula for compensation has to be decided as well as the pending appeals against the original judgment of the IHC.,” the affectees said.

It may be pointed out here that CDA recently requested all persons who had acquired rights to serviced apartments in One Constitution Avenue (OCA) to apply for refund of the money that they had paid to the builder.

The affected people pointed out that the IHC in its judgment of OCA case on January 27, this year, had cited CDA for “regulatory failure, negligence and breaching its fiduciary duties and obligations in holding, disposing and managing the property vested in it for benefit of the people of Pakistan”.

They said if the CDA is able to bring the affectees refund claims (at original price paid to builder 6 years ago) to the court it will be allowed to re-auction the land and the building at five or six times the original lease and sale values.

They said the value of apartments alone have doubled in value over the last six years since they were acquired by people.  They questioned that if the building is a security risk then there can be no alternative but to bring down the buildings and not build anything on the land in the future.

They also questioned as to why the CDA waited till the apartments were fully constructed and 100 per cent of the payments were completed by persons to cancel the project.

Responding to concerns of affected allottees of apartments at OCA, the CDA Chairman Sheikh Anser Aziz said the civic body decided to compensate them in good faith saying that the investors made agreements with the private party and not with the CDA.

However, he said he was not the CDA chairman when the plot for OCA was allotted saying that he was not responsible for what happened in the past. He maintained that the CDA would accept and implement decision on the review petition of affected people in the Islamabad High Court.