Sunday June 16, 2024

CDA caught lying about IHC order

By Ahmad Noorani
January 16, 2019

ISLAMABAD: Documentary evidence proves that Capital Development Authority (CDA) has lied to the Federal Ombudsman Office that a stay order issued by Islamabad High Court (IHC) has delayed development of Park Enclave.

After its failure to deliver plots in Park Enclave scandal in eight years, when the Federal Ombudsman asked CDA to initiate action against those official involved in selling plots to citizens without having the possession of land, the CDA in a tricky move wrote to the Ombudsman that delay in allotment of plots to the affecttees is because of a stay order granted by the Islamabad High Court in case of Mst. Hamerda Bano and Falak Naz etc. Vs CDA.

However, a perusal of the said order of the IHC belies claims of the CDA against honourable high court. The said IHC order granted a stay order against any allotments in a village named ‘Kurri Model Village’ which is situated much away from the location of Park Enclave where CDA has to allot plots to the affecttees. The IHC stay order has nothing to do with the allotments of plots in Park Enclave where CDA has to get the land free from the encroachers. The IHC order through which a stay order was granted in the said case was passed on February 29, 2016 and relevant part of this order dated February 29, 2016 reads;

“Respondents are restrained from allotment of any plot pertaining to Kurri Model Village till next date of hearing.” This proves that the CDA allegation that Park Enclave project is being delayed because of a stay order issued by the IHC is baseless.

When The News asked CDA that the said IHC order never granted any stay order against allotment of plots in Park Enclave and the said order was against any allotments pertaining to Kurri Model Village, the CDA said that it will clarify its position through a clarification about a previous The News story titled “In contemptuous move, CDA blames IHC for Park Enclave scandal” published on January 14, 2019 to respond to the questions.

This clarification reads; “This is with reference to the news items published in the daily “The News” and “Jang” under the caption in a contemptuous move. CDA blames IHC for Park Enclave Scandal.The aforementioned defamatory news report is based on distortion of facts, misrepresentation and absolutely unwarranted accusations.

“The dignity of the Honourable Court is foremost and must be upheld under all circumstances. The Capital Development Authority, as a Statutory Authority, has always ensured strict compliance and adherence to the directions, orders and judgments passed by the Honourable Courts. The reference to an alleged “blame” is absolutely incorrect, baseless and misleading.

“The fact of the matter is that the possession of the 61 plots could not be handed over to the allottees as the subject land was under illegal occupation of previous landowners whose land was acquired way back in 1968. Despite payment of compensation and rehabilitation benefits they were still in illegal possession of the land. In 2008, CDA with the permission from the then Federal Government entered into a package deal with the previous landowners in order to clear the land by relocating them in Kurri Model Village. In an appeal titled, Hameeda Bano etc. vs CDA the Honourable Islamabad High Court had restrained CDA from making allotments in Kurri Model Village till next date of hearing. CDA neither blamed nor accursed the Honourable Court in the referred letter. The impression given in the news item is itself contemptuous and defamatory. The Honourable Court will be apprised of the correct factual position when the case is fixed for hearing.

“The management of the newspaper is required to immediately publish this clarification publish this clarification along with an apology for filling a baseless and incorrect news item. CDA will be well within its right to exercise all possible remedies available under the law against the reporter and the management of the newspaper.”

In this clarification, though CDA admitted that said IHC order was against any allotments in Kurri Model Village but could not answer The News question as to where in this order the IHC has barred the CDA to make allotments in Park Enclave after getting the land vacated. After eight long years of troubles and miseries of affecttess of Park Enclave scandal, CDA has come up with a unique excuse that the delay in Park Enclave project was only because of IHC which was a false statement and an attempt to scandalize the honourable high court.

Launched by the CDA with the attractive slogan “The Jewel of Islamabad” during the last PPP government in 2011 and then extended in 2014 and 2015 during the PML-N regime, the Park Enclave has been used by government to pocket billions of rupees, but failed to keep its promise of giving possession of plots within stipulated time period.

Phase-I of the project launched in 2011 was to be developed and delivered to those who had purchased the plots in very high commercial rates, in January 2013. In 2011, the one kanal plot was sold for Rs12 million while in the second phase, four years later, the price of the same size plot was Rs22 million. After the lapse of eight years, more than 60 owners of plots in Park Enclave-I are still waiting for the possession.