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The Margalla Enclave, Islamabad, advertised by Bahria Town in newspapers on September 19, is allegedly a fraudulent scheme, according to TI Pakistan.
To save the people falling in this trap, TI Pakistan has requested the Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry, to take suo motu notice of Capital Development Authority's (CDA's) warning published in the newspapers on September 21, which read as follows:
"Margalla Retreat is surrounded by residential sectors of CDA and all the land around it is acquired and owned by CDA. Therefore, neither any land is available or owned by any private housing scheme nor CDA has issued NOC to any new private housing scheme in or around sector E-11.
In the light of Supreme Court's judgement and CDA Ordinance 1960, only CDA is mandated to open and develop residential schemes in the sectoral areas of Islamabad. Therefore, the general public is informed/warned, in its own interest, that they should not purchase/invest in any new housing without prior verification from CDA otherwise they would be themselves responsible for the loss."
Advisor, TI Pakistan, Syed Adil Gilani in a letter sent to the Chief Justice of Pakistan on September 22 has highlighted that the act of Bahria Town is clear violation of section 10 of Competition Commission of Pakistan Ordinance.
This act, he said, may also be violation of SECP Ordinance 1969 as Bahria Town Pvt Ltd is registered with SECP.
Bahria Town is also constructing a project, 61 storied Bahria Town Icon Tower, Karachi in violation of building laws of Sindh government and advertising the project on the website without following Sindh Building Control Authority's (SBCA) bye-laws as NOC issued by SBCA in 2008 under the Karachi Building and Town Planning Regulation 2002 does not allow buildings over 45 storeys in that area. There is no NOC of this project either on Bahria Town website, or on SBCA (KBCA) website. TI Pakistan has already filed a contempt of court notice, constitutional petition in Sindh High Court.
Adil Gilani further said that similar allegations against Bahria Town's violations of procurement of land from DHA Islamabad against Public Procurement Rules 2004 were reported by TIP to Administrator of DHA in July 2010 as well as to the Chairman of the Public Accounts Committee in Oct 2010, and copies were forwarded to the Registrar of Supreme Court of Pakistan.
DHA accepted that Public Procurement Rules 2004 were not followed by DHA in the award of contracts to Bahria Town on the ground that these rules were not applicable on DHA Islamabad.
This stand of DHA Islamabad was negated by Ministry of Defence and GHQ who had taken serious view of such violations and had issued orders to all departments, including DHAs, to strictly follow Public Procurement Rules 2004, and that head of the department/organisation shall be held personally accountable on any violation of these rules.
All such alleged fraudulent practices by builders/developers, as confirmed by CDA vide public warning, have to be stopped once and for all by regulatory bodies such as CDA, CCP, SECP, DHA, and SBCA, etc. It is very unfortunate that none of these agencies has ever taken legal course of action in compliance of their mandatory duties, and the public has been, and is being, fleeced through such alleged fraudulent practices of builders, and specially Bahria Town.
In the interest of public and for across the board application of rule of law, TIP requested the Chief Justice of Pakistan to take suo motu notice to save hard earned money of public which might be swindled by the company. In order to ensure across the board application of PPRA Ordinance 2002 and PPR 2004 in the country, Supreme Court of Pakistan, in orders in suo motu case No. 5 of 2010 for GDF Suez LNG supply dated April 28, 2010, had passed following remarks:
"Here we may observe that it is duty of the court to ensure that the Public Procurement Regulatory Authority Ordinance, 2002 read with the Public Procurement Rules 2004 are adhered to strictly to exhibit transparency."

Copyright Business Recorder, 2011

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