Practically patronises encroachments and building violations

Islamabad  : Capital Development Authority, Corruption thy name is CDA.
Nisar Shah DD BCS III leads disservice division at Facilitation Centre G-7
Turns Facilitation Centre into a trouble Centre practically
Practically patronises encroachments and building violations.
Creates impediments in sale and purchase of private properties and hence helps in loss of estatimated CDA revenue of Rs 500 billion per annum.

Creates image problems for CDA through stubbornness and buck passing

Misbehaves, tells lies to citizens coming from far flung area consuming time, money and incurring other expenses.

Tells citizens that they will press thumbs on throats of allottees.

Asserts that end of violations is not his responsibility in violation of declaration of duties

Right of subsidized plots denied to CDA employees due to such officers in the division.

Passes buck to enforcement.

Citizens demanded end to those who turned Capital Development Authority into Choron Dakuun ka Adda.

Respect first rule abolished in the division.

Citizenery being ridiculed.

Ridiculed directions of member estate Afnan Alam and member planning Waseem Hayyat Bajwa.

Misleads higher ups.

Turns city into a jungle.

Allotment of CDA plots on subsidized rates unconstitutional, declares Islamabad High Court

Justice says disposal of CDA land should be at best possible rates and not at 5 percent.

The Islamabad High Court has observed that allotment of plots to CDA employees and selected categories on subsidized rates was contrary to the constitutional provisions and directed the cash strapped federal government to ensure disposal of state land at competitive prices.

IHC Justice Mian Gul Hassan Aurengzab on a petition of CDA employee Muhammad Iqbal seeking a subsidized plot in sector D-12 observed that any criteria made by the CDA board which is not designed to achieve the best possible price for plots in other sectors would be prima facie repugnant to the article 173 of the constitution that empowered the government to acquire land as well as the law laid down by the superior courts.

Section 49 of the Capital Development Authority Ordinance,1960  provides that the CDA may retain , or may lease, sell, exchange, rent or otherwise dispose of CDA’s land vested in it.

It is implied in the said provision that the sale or disposal of CDA’s land has to be at the best possible rates which can only be realised through an open auction or a competitive bidding processing.

To dispose of state land at a rate even slightly lower than the market rate that can be realised for it in a transparent auction or a competitive bidding process would be prima facie not only irrational but detrimental to the state, the court observed.

The court order states ” Allotment of a plot worth millions of rupees is not part of the terms and conditions of the service of any of the category of employees, public functionaries mentioned in Regulation 5(1) of the 2005 Regulations.

To provide them with a windfall in the form of allotment of a plot at a rate which is not commensurate to the rate that can be realised for it in an open auction is a strain on national exchequer “.

The legislative intended to give the federal government oversight over  the affairs of CDA through section 48 of the CDA ordinance, 1960.

Upon the furnishing of returns and statements it becomes the obligation of the federal government to ensure that the financial affairs of the civic agency are managed strictly in accordance with the law, observed the judge.

The CDA is a statutory body under the administrative control of the ministry of interior, therefore, the court directed the the federal government to consider the adverse effect of Regulation 5 of the 2005 Regulations ( to the extent of disposal of CDA’s land, plots through allotment to employees of CDA at a rate other than the rate that can be realised through open auction or tender bidding process) on the revenue generation of CDA.

The court further directed the additional attorney general to ensure compliance with the  order.

Further hearing in this matter has been adjourned till next month.

The court examined regulation 5 of the Islamabad Land Disposal Regulations 2005 that empowered the government to acquire land and sought a report from the CDA highlighting the total no of complaints of the affectees of land acquisition and the admitted no of plots that are yet to be allotted to the genuine land and estate affecttees.

The petitioner asserted his right for the allotment of a plot on the basis of Regulation 5 which states that ” All residential plots in developed sectors shall be allotted through open auction. The residential plots in other sectors shall be disposed of in the following way (i) Through open ballotting at prevalent market price 75 percent. (ii) federal government servants including employees of federal autonomous, semi autonomous bodies 10 percent.(iii) Defence services personnel including civilians paid out of defence estimates 5 percent, deprived groups including widows, orphans, destitute, handicapped persons and persons needing compensation 5 percent, CDA employees 5 percent.

Besides the authority may reserve any land for the residences of employees and affectees of Islamabad.

As per the court observations a sale by public auction secures the best possible price for the property sold. This purpose can only be achieved when there is a maximum public participation in the process of sale and every body has an opportunity of making an offer.

In that event, the other suitable mode for selling the property can be by inviting tenders.

In order to ensure such a sale by calling tenders does not escape the attention of a an intending participant, it is essential that every endeavor should be made to give wide publicity so as to get the maximum price, the court suggested.

Victims of CDA alleged that officers and officials are demanding share in every property present in the Islamabad capital territory.