ISLAMABAD  -   The Capital Development Authority has raised observations over exclusive consideration of the case pertaining to allotment of a plot to Ghandara Public School in sector H-8 of Islamabad, saying if at all the consideration of the instant case was mandatory, why the identical cases with similar merits were not clubbed for a collective perusal of the CDA Board.

The case was presented before the Capital Development Authority Board in its 13th meeting held last month. According to the minutes of the meeting available with The Nation, the Board maintained that if at all, in view of the Estate Wing, allotment of plot was admittedly right of Ghandara Public School, why the matter went into enormous litigation and not brought up for perusal of the CDA Board by the Wing on its own.

The case was processed after the Supreme Court directed Member Planning CDA to provide opportunity of hearing to the proprietor of the said school.

The Board members raising a question why the identical cases with similar merits were not clubbed for a collective perusal of Capital Development Authority Board sought information regarding to whom stay order on plot No22 in sector H-11/4, which was first offered to the Ghandara Public School, was accorded and when the same was vacated.

The CDA had offered another plot No.101 in sector H-8 to the Ghandara Public School after it received a stay order against allotment of the first plot in sector H-11.

The Board held how the balloting of two plots, respectively in sector H-11/4 and H-8, was processed and actualised and later, upon restraining order on the offered plot in H-11/4, other plot with greater area in sector H-8 was proposed. The Board sought all relevant documents, auction proceedings and other allied information for perusal of the CDA Board.

While deferring the case for want of record, the CDA Board desired the exact number of school plots to be ascertained. It also sought record as how many allotments were made in total and the exact number of allotment letters cancelled.

The CDA has so far allotted 52 plots to private schools/institutions. Out of these, allotment of 3 plots has been cancelled whereas construction over 28 plots has been completed. The remaining 21 plots are still lying vacant.

The Board also raised a question if any fresh advertisement was floated after cancellation of the offers of the plots. The Board also decided to go through the suo moto proceedings of the Supreme Court and the affidavit furnished by then Chairman Capital Development Authority in Islamabad High Court along with complete proceedings of the case.

The Member Estate while briefing the Board about the background of the case said that CDA had given advertisement in press inviting applications for allotment of school plots in sector H-8, H-9, H-11, I-8, I-14, I-15 and I-16 of Islamabad for educationalists already running schools in Islamabad and previously not allotted schools plot by the CDA in Islamabad. Later, the CDA added further plots to the list available in sector F-11, Diplomatic Enclave and sector D-12. In response to the advertisement, 59 applications were received and evaluated.

The Ghandara Public School already operating in Islamabad’s sector F-11/2 stood qualified with the score of 85 as per the evaluation. Subsequently, Ghandara Public School was allotted plot No. 2 in sector F-11/2 on December 3, 2007 and possession was handed over to the party after receipt of due payments.

However, Supreme Court took suo moto notice against allotment of a school plot and referred the case to Islamabad High Court. During the proceedings of the case in Islamabad High Court, the then chairman CDA submitted an affidavit in the court stating that the CDA will issue notices and cancel all allotments of plots in the sector other than those mentioned in the advertisement dated October 18, 2006.

CDA will cancel all allotments made to persons who were not educationalists and not running schools in Islamabad. CDA will also cancel allotments made to the persons whose applications were entertained after the cut-off-date, i.e. November 16, 2006. That a fresh public notice will thereafter be issued that will invite application for school plots in designated sectors of Islamabad including the cancelled plots.

The CDA cancelled allotment of school plots not fulfilling the requirements as laid down in the original advertisement followed by an extensive litigation in the Islamabad High Court and the Supreme Court In the instant case.

Management of Ghandara Public School filed a criminal review petition titled Ghandara Public School and others Vs Naeem ur Rehman and others. The court vide its order dated April 11, 2013 held that the petitioner will appear before the Member Planning who shall hear the petitioner and re-determine the question of allotment of the plot to the petitioner or otherwise.

Later, the management of the school filed a civil review petition in the Supreme Court which set aside the order passed by the Islamabad High Court with the observation that as per earlier directions of this court, case of the petitioner be heard afresh by the present Member Planning, CDA who shall decide it within 60 days.

Accordingly, a personal hearing of the allottee Zarmina Shakeel was conducted on 21 December 2017 and the Member Planning recommended that Ghandara Public School might be offered a school plot in any of the sectors including H-8, H-9, H-11, I-8, I-14, I-15 and I-16 of Islamabad as per the original advertisement in lieu of initially allotted plot No. 2 in sector F-11/1.

Consequently, a balloting of two available plots, i.e. plot No22 in sector H-11/4 and plot No 101 in sector H-8 was held in the office of the Member Planning and as per balloting, plot No. 22 sector H-11/4 was offered to Ghandara Public School but meanwhile, a stay order was received against plot No 22 sector H-11/4. The Member Planning opined to offer plot No 101 in sector H-8 Islamabad to Ghandara Public School.

Size of previously offered plot (plot 22 sector H-11/4) was 0.82 acres (3968.8 sq. yards) while size of the plot No. 101 in sector H-8, which was later offered to the petitioner was 1.16 acres (5614.4 sq. yards).

The Ghandara Public School had remitted 25 percent of the premium of the previously offered plot and remaining payment is outstanding. The summary was placed before CDA Board for consideration of offering plot No. 101 in sector H-8 of Islamabad to Ghandara Public School with a condition that Finance Wing of CDA will calculate the premium of the new plot in the light of Supreme Court orders dated 30 September 2016. However, the Board deferred the summary for want of record.