Billions of Rupees of private investment in Islamabad is falling victim to corrupt and power hungry CDA and political appointed judges of Islamabad High court.
Safa gold makers and make of Grand Hyatt hotels have given billions to CDA and CDA is expected to continuously get more revenues for future but pure Goonda Gardi on private enterprise this is.
If Nawaz is serious in foreign investment then CDA officers responsible for this need to be penalized and IHC judge Mr.Kiani which has given a biased opinion affecting not one but atleast hundred of businessmen should not be regularized and removed from post.
Another IHC judge justice Siddiqui is being heard in supreme judicial council for graft charges and siding with CDA in cases and CDA making pigeon houses for laks of rupees for him in rented houses of his.
These two cases and Pak turk school cases if not decided in favour of actual owners - the gullen followers , and coupled with silly taxes of Ishaq Dar will end foreign investment in Pakistan for overseas Pakistanis and others as they will mean that law of Pakistan has no respect for private property .
The SCCJ was reported to have in court in a case that " Expiry of written agreement is not an automatic basis of legal ejectment"
He has not refuted the statement.
Such Bizarre logic and non protection to private enterprise will lead to Estate market collapse and allow Dar and friends to play with stock market over funded as no other avenues of investment are being allowed to the detriment of development of Pakistan..
This case needs interest of Army .
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Plea against sealing of under-construction skyscraper dismissed
Malik Asad
ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition filed against the sealing of the under-construction Grand Hyatt hotel and 28-storey residential apartments adjacent to the Convention Centre.
The petition was moved by BNP (Private) Ltd, against the sealing of its 13.5-acre-land on which the high-rise serviced apartments and the Grand -Hyatt hotel were being built. After sealing the land on July 1, the CDA cancelled its lease on July 29.
The IHC bench, comprising Justice Mohsin Akhtar Kayani, in its judgment noted: Keeping in view the above referred circumstances and changed scenario, the instant writ petition has become infructuous as the CDA board has finally decided the entire matter and even allotment of plot.
Explaining the July 2 restraining order on the BNPs petition against the sealing of the area, the bench added that the order was only to the extent of preserving the structure of the building. On July 1, the CDA sealed the area while on July 2 the BNP obtained a stay order from the IHC.
But on July 29, the civic agency cancelled the lease of the land and informed the IHC about it on August 1. On August 3, the CDA produced a lease cancellation letter before the IHC after which the court reserved its judgment that was announced on Thursday.
During the proceedings, CDA counsel Kashif Ali Malik argued before the court that the civic body had the powers to decide the matter in accordance with law.
But the counsel for the BNP group contended that it was mala fide on part of the CDA to cancel the lease as the case was pending before the court. He said the civic body terminated the lease just to make the petitioners case against the sealing of the area less effective.
The counsel requested the court to restrain the CDA from demolishing the building structures.
In a report on July 20, the CDA had informed the IHC about the illegalities committed in the lease of the land and later in the building by-laws. It explained how the lease of the land was extended from the original 33 years to 99 years, the builder was allowed to construct 240 apartments instead of the original 124 flats and payment of the lease amount rescheduled from 2015 to 2026.
Sealing of Safa Gold Mall challenged
The management of the Safa Gold Mall in Jinnah Super Market filed a petition in the IHC against the sealing of the building.
Earlier, the malls management had filed two applications with a civil court and the district and sessions court which were rejected.
The IHC single-member bench will hear the matter on Friday.
The CDA sealed the mall for violating building codes and the original layout plan on July 28.
The CDA said the actual measurement of the plot on which the mall was built was 3,177 square yards but the owner occupied the surrounding area in violation of the rules.
CDA counsel Kashif Ali Malik informed the court that the owner not only constructed two additional storeys but also occupied a nearby nullah after covering it with a concrete structure.
The space over the nullah was being used to install heavy generators and air-conditioning plants for the mall.
After CDA sealed the premises, its management filed an application with the civil court and then with the sessions court.
In his ruling, the additional district and sessions judge, Faizan Haider, said contrary to the arguments of the Safa Mall management that the building was sealed without issuing them any notice in advance, the record showed that the CDA had issued a number of notices since 2013 for the violation of the building code, zoning regulations and non-payment of outstanding dues.
The mall management also failed to produce any completion certification as well as the final building approval plan in support of its contention, he added.
Neither any arguable case existed in favour of the appellant nor any balance of convenience lies in its favour, the court held, adding: The appeal is devoid of merit and hence dismissed.
Published in Dawn, August 5th, 2016
Source : http://www.dawn.com/news/1275510/plea-against-sealing-of-under-construction-skyscraper-dismissed
Safa gold makers and make of Grand Hyatt hotels have given billions to CDA and CDA is expected to continuously get more revenues for future but pure Goonda Gardi on private enterprise this is.
If Nawaz is serious in foreign investment then CDA officers responsible for this need to be penalized and IHC judge Mr.Kiani which has given a biased opinion affecting not one but atleast hundred of businessmen should not be regularized and removed from post.
Another IHC judge justice Siddiqui is being heard in supreme judicial council for graft charges and siding with CDA in cases and CDA making pigeon houses for laks of rupees for him in rented houses of his.
These two cases and Pak turk school cases if not decided in favour of actual owners - the gullen followers , and coupled with silly taxes of Ishaq Dar will end foreign investment in Pakistan for overseas Pakistanis and others as they will mean that law of Pakistan has no respect for private property .
The SCCJ was reported to have in court in a case that " Expiry of written agreement is not an automatic basis of legal ejectment"
He has not refuted the statement.
Such Bizarre logic and non protection to private enterprise will lead to Estate market collapse and allow Dar and friends to play with stock market over funded as no other avenues of investment are being allowed to the detriment of development of Pakistan..
This case needs interest of Army .
___________________________________________________________________________________
Plea against sealing of under-construction skyscraper dismissed
Malik Asad
ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition filed against the sealing of the under-construction Grand Hyatt hotel and 28-storey residential apartments adjacent to the Convention Centre.
The petition was moved by BNP (Private) Ltd, against the sealing of its 13.5-acre-land on which the high-rise serviced apartments and the Grand -Hyatt hotel were being built. After sealing the land on July 1, the CDA cancelled its lease on July 29.
The IHC bench, comprising Justice Mohsin Akhtar Kayani, in its judgment noted: Keeping in view the above referred circumstances and changed scenario, the instant writ petition has become infructuous as the CDA board has finally decided the entire matter and even allotment of plot.
Explaining the July 2 restraining order on the BNPs petition against the sealing of the area, the bench added that the order was only to the extent of preserving the structure of the building. On July 1, the CDA sealed the area while on July 2 the BNP obtained a stay order from the IHC.
But on July 29, the civic agency cancelled the lease of the land and informed the IHC about it on August 1. On August 3, the CDA produced a lease cancellation letter before the IHC after which the court reserved its judgment that was announced on Thursday.
During the proceedings, CDA counsel Kashif Ali Malik argued before the court that the civic body had the powers to decide the matter in accordance with law.
But the counsel for the BNP group contended that it was mala fide on part of the CDA to cancel the lease as the case was pending before the court. He said the civic body terminated the lease just to make the petitioners case against the sealing of the area less effective.
The counsel requested the court to restrain the CDA from demolishing the building structures.
In a report on July 20, the CDA had informed the IHC about the illegalities committed in the lease of the land and later in the building by-laws. It explained how the lease of the land was extended from the original 33 years to 99 years, the builder was allowed to construct 240 apartments instead of the original 124 flats and payment of the lease amount rescheduled from 2015 to 2026.
Sealing of Safa Gold Mall challenged
The management of the Safa Gold Mall in Jinnah Super Market filed a petition in the IHC against the sealing of the building.
Earlier, the malls management had filed two applications with a civil court and the district and sessions court which were rejected.
The IHC single-member bench will hear the matter on Friday.
The CDA sealed the mall for violating building codes and the original layout plan on July 28.
The CDA said the actual measurement of the plot on which the mall was built was 3,177 square yards but the owner occupied the surrounding area in violation of the rules.
CDA counsel Kashif Ali Malik informed the court that the owner not only constructed two additional storeys but also occupied a nearby nullah after covering it with a concrete structure.
The space over the nullah was being used to install heavy generators and air-conditioning plants for the mall.
After CDA sealed the premises, its management filed an application with the civil court and then with the sessions court.
In his ruling, the additional district and sessions judge, Faizan Haider, said contrary to the arguments of the Safa Mall management that the building was sealed without issuing them any notice in advance, the record showed that the CDA had issued a number of notices since 2013 for the violation of the building code, zoning regulations and non-payment of outstanding dues.
The mall management also failed to produce any completion certification as well as the final building approval plan in support of its contention, he added.
Neither any arguable case existed in favour of the appellant nor any balance of convenience lies in its favour, the court held, adding: The appeal is devoid of merit and hence dismissed.
Published in Dawn, August 5th, 2016
Source : http://www.dawn.com/news/1275510/plea-against-sealing-of-under-construction-skyscraper-dismissed
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