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PM is not the law, but has to follow it: CJ: - Lahore_Real_Estate - 05-11-2010 12:03 PM
CDA violated constitution in commercialisation of park
* SC reserves verdict on cases of commercial constructions in F-9 Park * CJ says court could have protected NRO but it wanted supremacy of constitution
By Masood Rehman
ISLAMABAD: Capital Development Authority (CDA) on Monday admitted before the Supreme Court (SC) that it had violated the constitution by giving approval for construction of commercial buildings in F-9 Park, known as Fatima Jinnah Park.
A three-member SC bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday was hearing the cases of Sizza Foods Pakistan Ltd, Nazriyah Pakistan Council and Citizen Club, which have constructed or constructing buildings in the park in violation of laws.
An application was filed in the SC by PML-N former senator Saadia Abbasi highlighting violation of the apex court’s 2006 verdict banning all kinds of commercial ventures in the public parks. The court also issued notice for May 13 to the owner of the Bowling Zone in the F-9 Park to explain his position in the case.
The court after hearing the cases of Sizza Foods Pakistan Ltd, Nazriyah Pakistan Council and Citizen Club, reserved the judgment while the hearing of ‘Hot Shot’ was adjourned till May 13.
Anwar Kamal, counsel for Sizza Foods, said in the first advertisement, given in February 2004 by CDA, not a single party had shown interest. But in the second advertisement, the CDA also called bids from the international food chains therefore they and Sheikh Trader applied but the contract was accorded to his client to set up a restaurant in the F-9 Park.
Justice Ramday inquired from Kamal that why McDonalds set up restaurant on public land instead of private land.
He replied that after 18 months after negotiating with the CDA officials they were able to secure the land for McDonalds. He said they have spent Rs 14 million on leveling the ground, and they have paid huge amount of tax regularly.
Kamran Lashari, CDA’s former chairman and incumbent secretary petroleum submitted his report. He said due to this case, he has been maligned in the press. He said when as a result of first advertisement no national party turned up, they decided to give second advertisement and this time called bids from international food chains as well.
He said being the head of CDA, he transformed Islamabad into beautiful city, adding all those development and beautification plans were undertaken during his tenure. “I did every thing honestly and dedicatedly for the uplift of federal capital,” he said.
He said for F-9 Park many master plans were prepared and the committees were constituted, but there was no one to implement them. “I took initiative to implement the plans. There was no influence or directions of ministers, prime minister and even the president to begin the projects like 7th and 9th Avenues, but I took these initiatives myself,” he said.
Muhammad Bilal, counsel for Nazariya Pakistan Council (NPC), said in the original master plan there was provision for the library in F-9 Park. He said in Lahore there is Aiwan Iqbal therefore they decided to set up Aiwan-e-Quaid in Islamabad. He said on May 26, 2010, Prime Minister Yousuf Raza Gilani inaugurated it.
Justice Ramday remarked that Aiwan-e-Iqbal was not constructed with government money and it is also not located on public land. He asked that how much money the NPC has contributed in this projected. He questioned: “Did Quaid instruct you to build his monument on public land? Don’t exploit Quaid’s name.”
The chief justice said, “They appreciate your interest and it was good work, but show us the law under which you have constructed the library.”
Zahid Malik, NPC chairman, said since over the last 55 years the Ministry for Education could not set up a library on Quaid, they decided to play their role. He said the NPC members include former ministers and the founder was Mehmood Ali who was a lifetime minister and also famous lawyers of the SC. He said that they have not violated any rule and they have generated funds for this library.
“For the last 20 years, we have worked very hard to set up Aiwan-e-Quaid that comprises an auditorium, library and offices.” He said the library has been completed and people are visiting it. He said there are so many books in it on the life Quaid.
The chief justice said when CDA could run schools, hospitals then why can’t it run the library. Justice Ramday said, “You are doing a good job but public libraries are not run by the private organizations.” He said they could not allow NPC to run library in F-9 Park as so many other private NGOs would demand the same, adding they would decide the case according to law.
Zahid Malik said that three prime ministers have been involved in granting land to them and they got the land from CDA on lease. The CJ remarked that although the prime minister has authority, but he has also has to go according to the law, adding that the prime minister is not a law. He said that it was the discretion of the PM to grant money and land.
During hearing, the CJ observed that the constitution would be given full protection. He said the court could have protected the NRO, ‘but we want to ensure the supremacy of constitution and upholding of the rule of law’.
Afnan Kundi, counsel for CDA, said the CDA did not make offer to NPC for setting up library in F-9 Park, but it was for Directorate of Libraries. He said in MoU, signed on October 30, 2004, it was stated that establishing library in F-9 Park will be done and run by Directorate of Libraries. He said CDA was ready to run the F-9 Park library itself.
Regarding Citizen Club, Afnan said the club would be run by the CDA itself. The CJ said that it will not be for the general public as the elite would use it. He said like Islamabad Club, the poor people could not be able to get its membership.
Afnan said that land for Mega Zone was given to Azaz Jafferi on 28 year lease, but he transferred it to Brig ® Iqbal, who was running ‘Hot Shot’ there. He said the CDA had permitted single storey building with basement, but the owner has constructed another storey on it, which the CDA has demolished and Brig ® Iqbal went to the High Court.
The bench after hearing the parties adjourned the hearing till May 13, and issued notices to Azaz Jafferi and CDA chairman for May 13.