IHC order removes all hurdles in Park Enclave development

ISLAMABAD: The latest order by the Islamabad High Court (IHC) in Kurri Land case has removed the last hurdle in development of Park Enclave thus leaving Capital Development Authority (CDA) with no excuse to handover developed plots to dozens of victims waiting for justice for the last eight years.

On the other hand, Federal Ombudsman has also issued a final notice to the CDA to initiate action under article 12 of the ordinance against the authority to give last chance of hearing for non-implementation of its order regarding Park Enclave fraud.

The Ombudsman order reads; “The Honourable Wafaqi Mohtasib has directed to convene a meeting with the Chairman CDA and relevant Members and his concerned staff in connection to the implementation of the findings dated 29.08.2018 which is pending for implementation. No sufficient reasons for non-implementation of findings has been given by the agency, therefore, further proceedings under Article 12 are to be initiated against the delinquent officers of agency. Before initiation of such proceeding a last chance of hearing is provided to the agency to provide the implementation report and to appear for hearing before the Honourable Wafaqi Mohtasib on 11.02.2019 at 1100 hours.

3. You are requested to please attend the hearing along with the concerned staff on the date and time given above with the implementation report

By Order of Honourable Wafaqi Mohtasib (Ombudsman).”

Earlier CDA was connecting a lands related issue in Kurri Area of Islamabad under litigation in IHC “Hameeda Bano Vs CDA Case” with the allotment of plots in Phase-I of Park Enclave. When Federal Ombudsman ordered CDA to develop the remaining plots and handover them to the victims, CDA responded to Ombudsman that it was unable to develop plots in Park Enclave because of a stay order granted by the IHC in Hameeda Bano case. However, after the CDA officers concerned apologised in IHC and admitted that the Hameeda Bano Case had nothing to do with the development of dozens of plots in phase-I of Park Enclave, the IHC issued following order;

“The learned counsel for Capital Development Authority has appeared along with Tariq Nawaz Awan, Director Land and Rehabilitation. The latter has unequivocally stated that the injunctive order, dated 29- 02-2016 passed in these appeals does not extend to the area relating to Park Enclave Housing Scheme. It is, therefore, clarified that the Authority has not been restrained from carrying out development works and giving possession of plots in the Park Enclave Housing Scheme.

2. The learned counsels for the appellants have been heard at length. The learned counsel for Capital Development Authority has requested for adjournment so that he may place on record the Award of 1968 and the BUPs Award of a971. A detailed report to be submitted, inter alia, highlighting the status of the appellants and the package deal.

3. Relist on 21-02-2019.”

CDA in its response to The News queries has maintained that the authority has to allot plots in Park Enclave after giving alternate land to the illegal occupants of the Park Enclave area. The CDA in an official release maintained that as it was not possible to provide land to these occupants, so the process of allotments in Park Enclave was not being completed.

Besides, its failure to deliver dozens of plots in phase-I of Park Enclave to citizens who paid very high commercial rates to CDA, the authority has also failed to deliver hundreds of plots of many innocent citizens in phase-II of Park Enclave. In both the cases, the CDA sell plots without having possession of the land on which these plots were to be developed.

CDA launched Park Enclave in 2011 with the slogan of “The Jewel of Islamabad” and later extended it with ‘Phase-I extension’ and ‘phase-II’ but never delivered plots except to initial applicants of phase-I. No government or judicial authority has ever come forward to give justice to the hundreds of victims going from pillar to post during all these years with many petitions and applications at every platform. CDA succeeded in befooling institution like that Federal Ombudsman but later same trick was highlighted in media and the whole conspiracy was exposed. Latest IHC order, if implemented in letter and spirit by the CDA, will only give justice to dozens of victims of phase-I of this fraudulent scheme. However, hundreds of victims of other phases will have to wait for their turn.

On the issue of its failure to provide plots to the victims of Phase-I extension and Phase-II of the Park Enclave, the CDA in its official response has maintained that CDA had acquired land meant for these phases decades back. According to CDA response, authority didn’t have the physical possession of land at the time of announcement of these phases as the illegal occupants were not ready to vacate the land and want more compensation. The response added that CDA is working out to resolve the issue by negotiating with the occupants.