ISLAMABAD: The Islamabad High Court (IHC) on Tuesday enabled the Capital Development Authority (CDA) to act against Bahria Town for violating the layout plan and raising illegal construction on the land meant for a golf course in its Bahria Garden City.

Justice Aamer Farooq disposed of a petition filed by golfers who had constituted a 50-member joint action committee on Feb 5 and moved the IHC against the commercialisation of around 250 kanals reserved for the Golf Course II and 38.14 kanals meant for a clubhouse.

The petitioners are members of the Garden City Golf and Country Club where Bahria Town had planned two nine-hole golf courses each spreading over 571.1 kanals. The Golf Course I on 350.37 kanals has already been developed. The CDA in its reply conceded before the IHC that Bahria Town “has failed to comply with the terms and conditions of the layout plan and complete the prerequisites for obtaining NOC for the scheme from CDA despite lapse of about seven years.”

It added: “Instead the sponsors of the scheme have executed the development works at the site and sale of land/plots of the scheme prior to issuance of the NOC. Development of the scheme and construction of buildings without obtaining NOC is a clear violation of the approval of the layout plan, CDA Ordinance 1960, ICT (Zoning) Regulation 1992, modalities and procedures framed there under and Islamabad Building Control Regulations 2005.”

According to the report filed by CDA’s legal adviser Kashif Ali Malik, the civic agency directed the housing society to immediately stop all kinds of development works, construction of buildings and sale of land/plots till the NOC was obtained. But the society neither stopped development works, construction of buildings in the scheme nor complied with the terms and conditions of the layout plan.”

The report said a marquee had been within the golf course area and made operational in deviation of the approved layout plan. Further, the land/plots mortgaged with the CDA has already been allotted/sold out by the sponsors [Bahria Town] and buildings constructed thereon in violation of the mortgaged deed. This is a clear case of willful concealment of facts and breach of trust with motive to achieve wrongful gains in violation of the commitments on the part of Bahria Town to spare the agreed amount of land specified in the layout plan for amenities, including a golf course.

“This is a matter of great public importance being an encroachment on the rights of the bona fide residents of the scheme, particularly so wherein the sponsors have refused to rectify the irregularities and mend its ways.”

Justice Farooq disposed of the petition observing that since the civic agency had admitted the violations, it was up to the relevant officials of the CDA to act.

The land falls within the CDA jurisdiction since it is situated in Zone V of Islamabad.

The CDA approved the layout plan of Bahria Garden City that included two golf courses of nine holes each and a clubhouse.

After the layout plan was approved, Bahria Town began advertising a “championship 18-hole USGA standard golf course” with the clubhouse.

The petition said the matter was brought to the CDA notice after Bahria Town began illegal construction on the amenity land but to no avail.

It stated: “It is clear from the above that the respondents do not wish to implement the approved layout plan and on the contrary are bent upon converting the land reserved for amenities into residential and commercial plots.”

Published in Dawn, October 17th, 2018