Case Details

Citation(s)
2017 SLG 1218 2017 SLD 1218 2017 PLJ 249
Islamabad High Court
W.P. No. 3043 of 2016, decided on 3.3.2017. Date of hearing:27.01.2017.
ATHAR MINALLAH, J.
Barrister Aitzaz Ahsan, Barrister Gohar Ali Khan, ASCs in the instant writ petition for Petitioners.Mr Muhammad Ali Raza, ASC and Ms Maryam Ali Abbasi, Advocate (in W.P. No. 3750 of 2016).Mr- Khalil-ur-Rehman Abbasi, Advocate (in W.P. No. 3488 of 2016

BNP PVT. LTD. etc. . ersVSCAPITAL DEVELOPMENT AUTHORITY . --Respondents

Law:

Section:

Constitution of Pakistan, 1973 --.-- --.-- Art. 199 --.-- Capital Development Authority Ordinance, 1960, S. 5(2) --.-- Decision of board of CDA --.-- Allotment of plot on basis of lease --.-- Cancellation of plot --.-- Bidding process --.-- Successful bidder --.-- Terms of lease deed --.-- Validity --.-- Principles of transparency are not restricted to the description given in advertisements --.-- Transparency would extend to the pre bidding process i.e. the preparation of specifications, the approval mechanism, methods of advertisements and entire process till contract has been concluded with successful bidder --.-- Opening and evaluation of bids, formulating evaluation of the criteria are an integral part of disposal of land under Land Disposal Regulation --.-- Object of inviting applications or bids through advertisements published in daily newspapers is to make certain that all eligible and interested entities and persons are afforded an opportunity to compete in a fair and transparent bidding process --.-- A non-transparent process in the disposal of land is not sustainable in law --.-- Construction of the residential apartments on the Plot and the purported sale thereof is illegal, void and in flagrant abuse and violation of the Ordinance of 1960 read with the Zoning Regulations, Building Regulations and the Building Control Regulations --.-- Where both company as well as authority have blatantly violated the provisions of Ordinance, and the rules and regulations made there under --.-- Authority can by no stretch of imagination justify its regulatory failure and negligence --.-- It is the statutory duty of the Federal Government to ensure that the sanctity of the Master Plan is restored in compliance with the intent of the legislature, by enforcing the provisions of the Ordinance of 1960 --.-- A duty of the Federal Government to ensure that victims i.e. the purchasers do not suffer due to its own wrongful actions and omissions, particularly when the regulatory failure of the Authority stands admitted --.-- Federal Government is also expected to take immediate and appropriate measures to ensure that members of general public do not suffer in future at…
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