SHAUKAT AZIZ SIDDIQUI, J.---Capital Development Authority (CDA) was established through an Ordinance namely Capital Development Authority Ordinance, 1960 with the objectives set forth in the preamble in the following words:--- Whereas it is expedient to establish a Capital Development Authority for making all arrangements for the planning and development of Islamabad within the frame-work of a regional development plan; (underlining is mine)
2. Like other institutions of the country, CDA also interacts, directly; with public regarding its valuable rights; therefore, poison of corruption spreaded to entire civic body and reached a stage, where it looks like a paralyzed body corporate. Common perception about the CDA is that "corruption is its inbuilt culture, considerations to the . Rules are irrelevant, bribe, commission and kick backs are considered as right and to advance the personal agenda at the cost of the interests of organization are the norms". It is also a common observation that "organizational behavior" of CDA travels on corruption and corrupt practices. Ordinary citizen runs from pillar to post to achieve the legitimate rights but finds none even, listen to him. On the contrary, those who can exercise their lucrative influence and can meet the demands of CDA officials, succeed in getting, even the undue.
3. Unfortunately, political intervention in the affairs of the statutory body has further polluted its mechanics. With few exceptions, even the microscopic analysis of entire - CDA would not trace amongst the officials, persons of integrity, God fearing and loyal to organization. CDA being civic body of the Capital was expected to be role model for all civic bodies of the country but it succeeded in setting worst examples of massive corruption. The questionable affairs of CDA bring considerable proportion of litigation and despite issuance of specific orders and rendering the judgments, neither the approach of passing arbitrary orders for illegal gains changed, nor practice of inaction for want of irrelevant consideration curbed, It is the considered. View of this court that merely declaring any order as illegal or action as unlawful , could not bring the rule of law to this body, unless responsibility of motivated illegal actions is pasted on the culprits.
4. It is the prime duty of the constitutional courts to preserve and up hold the objectives of the Islamic Welfare State, set forth through the organic law' of the country i,e, the Constitution of the Islamic Republic of Pakistan. Rule of law is the only mechanism through which prosperity with transparency can be achieved and evil, of corruption can be eliminated.
The High Court is the creation of the Constitution, and it is under obligation to pass orders for protecting the constitutionally guaranteed rights, impact of which shall ensure rule of law, fair play, transparency and protection of the nation's assets with a consequence of discouraging corruption, discrimination, exploitation, favoritism and B nepotism etc. The constitutional courts are required to guard the legal fiber of, the country, the inroads and invasion made through arbitrary orders, colorable exercise of the authority, polluted actions, motivated decisions and nefarious designs have to be checked. An alarming issue on which entire nation looks worried is the rapidly growing culture .Of corruption. It has already ruined the economy of country, evaporated the value from the national assets, and brought the life of commoner to a miserable state and stage of starvation. It is the concern of every patriotic Pakistani that corrupt mafia influence is on increase and is operating through network established in all the important and strategic institutions of the country, more particularly, interacting with public. Citizens loyal to their country and those who believe in rule of law get disappointed, dejected and helpless against the might of corrupt mafia, therefore, they ask the questions, ,seeks clarifications and raise queries regarding passive approach of the law enforcing agencies. The only institution providing beacon of hope to the entire nation is the institution of judiciary which through activism has not only increased passion for rule of law but has saved trillion of rupees of the nation. The era of judicial activism has painted new 'image of Pakistan duly acknowledged by the community of nations.
5. The details of pending cases of CDA in IHC and district judiciary. Islamabad are as under:- PENDING CASES IN ISLAMABAD HIGH COURT, ISLAMABAD.
Sr. No. Nature of proceedings Pendency in Numbers.
1. Writ Petitions 339
2. Civil Revisions 26
3. RFAs 11
4. CRL. ORG. 10
5. I.C.As. 117
6. Civil Suits 63
7. Labour Appeals 04
8. Arbitration Appeals 03
9. R.S.A. 01
10. EFA 04
11. I.T.R. 01
12. Crl. Org. 20
13. Objection cases 23 Total Pendency: 622 TOTAL CIVIL CASES PENDING IN DISTRICT JUDICIARY:-- 837
6. Matters pending before this court mostly relate to following issues through which arbitrary exercise of authority or inaction despite entitlement have been challenged.
(i) Acquisition of land, its related revenue record, genuine affectees, announcement of award and compensation by way of making payment and allotment of residential plots.
(ii) Survey of Built Up Property (BUP) at the time of acquisition, subsequent emergence of Built Up Properties and fictitious entries in the records.
(iii) Allowing Co-operative Societies to launch their housing schemes without NOC from CDA and giving the societies thousands of kanals in the name of beautification and plantation owned by CDA, disposal of land by the Soc'ieties owned by CDA.
(iv) Launching of new projects in non-transparent manner and against the interest of CDA.
(v) Putting on sale commercial as well as residential plots of Sectors without taking over the possession, even in cases where affectees received their entire compensation.
(vi) Cancellation of plots against which entire payment received and their re-auction to favourites.
(vii) Carving out commercial and residential plots from parks, playgrounds, green areas, left over land and subsequent allotment to CDA employees or influentials either in exchange or without open auction.
(viii) Disposal of commercial and residential plots without public notice and transparent auction proceedings.
(ix) Re-scheduling of the payment of commercial properties.
(x) Allotments, lease and granting license to occupy commercial properties without following procedure and rules.
(xi) Massive recruitments made on contract, daily wages without competitive process.
(xii) Bringing large number of deputationists on political considerations.
(xiii) Creating posts to adjust favorites against rich financial package.
(xiv) Investments made in the stock exchange and its consequences.
(xv) Track of received payments from allottees of Sectors, 1-16 and H-17.
(xvi)Considerations on which an amount of Rs,1,73,00,00000/- paid to Malik Riaz & Co.
(xvii)Putting the sources of CDA at the disposal of private 'developers of housing colonies and towns.
(xviii) Delivery of possession of commercial plots without receiving entire amount and in few cases against post dated cheques. There is hue and cry of public at large with regard to dubious dealings of the CDA officials in general, more particularly regarding the following projects:- * MONAHAL RESTURANT Construction started without calling tenders or fulfilling other codal formalities, huge embezzlement is alleged in completion of project. After completion project was leased out to party without calling tenders and completing other formalities.
IJP ROAD FROM FAIZABAD TO PIRWADHAI.
Work was awarded to M/s Sardar Muhammad Ashraf D. Baluch (Pvt.) Ltd. At a total cost of Rs,350.052 million in 2005. Huge amount was paid to contractor in advance but he failed to complete the work and left the work incomplete. Contractor issued performance security amounting to Rs,3,50,05,219/ performance bond has not yet been recovered from contractor and no effort has been made to recover the amount.
HAYAT AGENCIES (CONVENTION CENTRE).
Allotment of plot for 05 Star Hotel Complex along with apartments and related facilities (near convention centre) through pre-qualificaiton at the rat of Rs,75,000/ - per Sq. Yds size of plot 13.50 acres for a period of 99 yeaRs, Entire agreement executed between CDA and B.N.P. (Pvt.) Ltd. Is favour of lessee (B.N.P.). A 47 Storey Building was approved by CDA. Civil Aviation and Pak Air Force refused for issuance of NOC for 47 floors building. Lessee is not paying the cost of plot as per reschedule of payment and instead Lessee filed a Civil Suit titled "BNP (Pvt.) Ltd. Vs. CDA" for recovery of Rs,6,236.78 Million with mark up on account of damages against CDA, the suit is pending before IHC.
CENTAURUS PLOT Additional land allotted without any open bid on nominal rate. The agreement between CDA and centaurus management is in favour of lessee, construction of grid station, provision of transformers was the responsibility of CDA and million of rupees have already released to Wapda, moreover, allocation of land for said Grid Station in F-9 park is against the directions of Hon'ble Supreme Court in a suo motu case of F-9 Park.
PARK TOWER Plot No,3 was allotted to M/s Minawa (Pvt.) Ltd. Possession of the said plot was also delivered to the said firm. Allotment of the said plot was cancelled due to non-payment of premium/ cost of said plot in 1996. Possession of the plot was taken aback by the CDA. Later on without restoration of allotment of said plot and without payment of premium/ cost of said plot and without delivery of possession to the said Firm, the said firm constructed a 16 storey building over the plot and sold all apartments to different purchasers * LED PROJECT * KURI MODEL VILLAGE * DOUBLE ROAD LEADING TO BAHRIA ENCLAVE * ALLOTMENTS AT PRIME PLACES LIKE RAWAL DAM, SAIDPUR MODEL VILLAGE, GUN CLUB AND OTHER KEY LOCATIONS. * ALLOTMENT OF PLOTS IN DIPLOMATIC ENCLAVE * CONTRACT OF SHUTTLE SERVICE, DIPLOMATIC ENCLAVE' * SOCIETIES NOC SURRENDERING/ SELLING OF LAND SOCIETIES. * KASHMIR HIGH WAY D-12 EXTENSION E-11 SECTOR * MARGALLA PHASE-II * CINEMA PLOT NO,29, G-9. AABPARA G/6, PARKING * ALLOTMENTS OF PLOTS RESERVED FOR SCHOOL TO FAVORITES AGRO FORMS ALLOTMENTS * HILL VIEW HOTEL ART & CRAFT VILLAGE * MARGALLA TOWER * DUBAI PLAZA 7.This court at this stage refrains from giving any observation on the above noted issues and proposes to constitute a commission to look into the issues highlighted above and examine as to whether legal formalities coupled with organics of transparency and fair play were adhered to or not? And if answer is in negative to indicate who are the persons responsible for this departure and causing loss to the country. It has to be determined that loss caused is to the tune of how much amount and what were the gains obtained by the officials. The learned commission shall also give its recommendations with regard to enforcing "RULES CULTURE" in the civic body of the Capital.
8.Learned Legal Advisor of CDA, Mr. Muhammad Ramzan Chaudhry agreed that affairs of CDA do call for the examination by a commission enabling this court to pass final order on the issues regarding which allegations of corruption, irrelevant considerations and irregularities are levelled.
This court through office sought assent of Mr. Justice Sardar Muhammad Raza Khan, Judge Supreme Court of Pakistan to act as Chairman of commission, who very graciously showed his willingness.
In this view of the matter, Hon'ble Mr. Justice (R) Sardar Muhammad Raza Khan, Judge of Supreme Court is appointed as chairman commission and M/s. Sakhi Muhammad Kahut and Baqir Ali Rana, Retired District and Sessions Judges as its members as latter have also showed readiness to render their services.
Mr. Pervaiz-ul-Qadir Memon, Additional Registrar, of this court shall act as focal person to co- ordinate, facilitate and perform all duties as directed by the commission. The commission will start its work at Islamabad High Court, Islamabad preferably in the week commencing from 12th of Nov.
2012. A fee of Rs,3.00 million is fixed for the Chairman and Rs, 1.00 million each for members, which shall be paid by the CDA within one week from here on. Mr. Pervaiz-ul-Qadir Memon is directed to establish contact with the Worthy Chairman of the commission and Hon'ble Members and through special messenger deliver copies of the order. A Period of 03 months is provided to the learned commission for -submitting its report along with recommendations. The Commission shall be empowered to inspect record of CDA and if find appropriate to visit certain spots for physical inspection, to summon any Record and witnesses for recording of statements and to further appoint some specialist as local commission. Learned Commission shall enjoy all the powers necessary to- be exercised in discharge of their functions to arrive at conclusion with regard to issues mentioned under para-6 of instant order.
9. The newly appointed Chairman, CDA is directed to ensure full co-operation and proper assistance to the learned Commission. This court is certain that report submitted by very able and learned Commission shall provide help and guidance to the top archelan of CDA to enforce Rule- of Law which is the only way to achieve Good Governance.
10. Office is directed to club all the matters relating to issues mentioned under para-6 and provide the material to the learned commission as and when directed. All the matters be placed before the court after receipt of report by the learned commission.