Special efforts for SCBA housing scheme at Park Road Islamabad

ISLAMABAD: A land supervisory committee, set up under a serving apex court judge, is overseeing the progress of the development of a housing scheme for the Supreme Court Bar Association (SCBA) at Park Road Islamabad by the Federal Government Employees Housing Authority (FGEHA).

According to the minutes of the 13th executive board meeting of the FGEHA, as per the line of action proposed by the Committee, the SCBA would ensure that all cases regarding the land pending in various courts would be withdrawn by the landowners. The SCBA would also facilitate FGEHA in talks for the further processing of land with the remaining owners belonging to the Authority.

The land supervisory committee proposed the scheme should be launched in phases of which Phase 1 would comprise 4,100

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kanals and would be reserved for the members of the SCBA.

The SCBA would be responsible to provide the FGEHA with peaceful possession of 4,100 Kanals of land in Mauza Mohrian and provide a 150 feet wide access to the site consisting of 90 kanals passing through Mauza Tamma after which the FGEHA would carry out the development work.

It is reflected in the official documents that the SCBA Housing Scheme shall be executed on 4,100 kanals in Mauza Mohrian on the basis of two mechanisms: price consideration as per award to the extent of 2,100 kanals and a land-sharing formula (a 500 sq/yards developed plot for every revenue kanal of raw land) to the extent of 2,000 kanals. The landowners would however be liable to pay the development cost for their respective plots.

The leftover plots, almost 250 in number, in Phase 1 would not be availed to the members of the SCBA and would be placed at the disposal of the FGEHA for allotment to its members -- federal government employees. The FGEHA would however be liable to return the said plots to the SCBA in later phases.

The entire commercial area would belong to the FGEHA, and it will be auctioned while its proceeds will be used for the development of the project.

Although the landowners of the mauzas are complaining that they are being offered a very low price for their land being acquired for the housing scheme, according to the official documents the FGEHA will have to amend the terms of reference of the existing award and include a land-sharing clause as it was the basis upon which the SCBA had negotiated with the landowners.

The Chairman Land Supervisory Committee also directed FGEHA to impose Section 4 on the remaining available land in Mauza Mohrian, for further expansion and to cope with the shortfall if required.

The minutes also state that the SCBA would ensure that all cases to the extent of village Mohrian pending in various courts would be withdrawn by the landowners. They would also facilitate FGEHA in talks for further procession of land with the remaining owners belonging to the Authority.

The SCBA had deposited an amount of Rs 5 billion with FGEHA as the cost of the land. The FGEHA after disbursement of the award price will return the remaining surplus amount to SCBA, which would however be liable to pay the development cost of the project.

Approval of the following recommendations was sought from the Executive Board of the FGEHA:

- To allow the FGEHA division of Park Road Housing Scheme in Phases and to proceed with Phase 1 as directed by the Land Supervisory Committee.

- A land-sharing clause may be added to the already announced award for Park Road, applicable to both Mauza Mohrian and Mauza Tamma.

- The Deputy Commissioner FGEHA be authorized to impose Section 4 of the Land Acquisition Act on the remaining/adjacent land available in Mauza Mohrian for accommodation of allottees who may be affected by the land-sharing and for coping with the shortfall if required.

- The Deputy Commissioner be authorized to disburse the amount to the landowners falling in the passageway from the funds of the FGEHA.

The executive boards decided that the roadmap proposed was approved in principle if the SCBA and FGEHA proceed on the principle of parity in the development and distribution of plots in each phase.

According to some of the landowners, their land in the said mauzas is being acquired on a much lower price as against the market price which is quite high. They insist that in a decision, the IHC has already directed that the land should be acquired on the basis of market price.

“The federal government shall formulate a uniform policy regarding the acquisition of land, determination of market value or giving rehabilitation benefit in case of exercise of the power of eminent domain by the CDA or the FGEHA, as the case may,” reads the IHC judgment.