Construction over rainwater drain: CDA officers to face criminal proceedings

ISLAMABAD: The Federal Cabinet has decided to institute criminal proceedings, along with disciplinary action, against the Capital Development Authority (CDA) officers, who allowed construction on a Nullah in Sector E-11, Islamabad.

The decision was taken by the Federal Cabinet in its recent meeting presided over by the Prime Minister.

The Cabinet has rejected CDA’s proposal of revocation of exemption of sector E-11 from acquisition granted by the Advisor to the President on June 05, 1968 and subsequently approved by the Federal Cabinet on June 27, 1968. However, the Cabinet has approved implementation of CDA bylaws in sector E-11 and Golra. Illegal construction will be demolished but the affectees will be remedied by the sponsors and society.

On August 31, 2021, Ministry of Interior briefed the Cabinet that the Capital Development Authority had conveyed a summary regarding resolution of issues of Sector E-11, Islamabad for placing before the Cabinet. The Master Plan of Islamabad was prepared and approved by the Federal cabinet in 1960. As per provisions of the Master Plan and the CDA Ordinance 1960, the land in the capital was to be acquired and developed by the CDA in a phased manner. Under the provisions of the Master Plan, CDA acquired and developed various sectors and schemes falling in the limits of the Capital. A meeting was held in the office of the Advisor to the president on June 05, 1968 where in it was decided that Golra being a populous village in E-11 Sector be excluded from acquisition. The Cabinet in its meeting held on June 27, 1968 approved these recommendations and in pursuance thereof all the land in Golra Revenue Estate falling in 4 sectors was exempted from acquisition.

In 1983, the Ministry of Interior submitted another summary regarding consolidation of Golra Revenue Estate wherein it was explained that Golra Revenue Estate extends over 654 acres of land partially in sectors E-11, F-11, E-12, F-l2 and Blue Area.

In order to allow development of sectors E-11, F-11, E-12 and F-12 the land of Golra Revenue Estate was proposed to be consolidated in E-11. CMLA’s Secretariat, Rawalpindi approved the proposal regarding consolidation on August 23, 1983. In compliance of the decision, the CDA consolidated the land in Sector E-11.

After consultation on the Golra Revenue Estate three components of Sector E-11 emerged which are as follows ;(i) some part of un-acquired and exempted area of Revenue Estate Golra in sector E-11 remained unplanned due to which the old village settlement expanded in the form of mushroom growth of slums. Being exempted area, the CDA did not carry out any planning and development work and there was no implementation of the CDA bylaws and regulations;(ii) With the development of surrounding sectors of E-11, builders and developers also started investment in Sector E, resulting in construction of multi-storied standalone projects taking place without approval of the CDA. While constructing these projects, the developers did not observe any planning, environmental or engineering standards outlined in the CDA bylaws. In order to regulate this development, the CDA prepared a Zoning Control Policy for multi-story buildings in Sector E-11 which was approved by the CDA Board in 2007.

Most of the multi story towers could not be regularized as these were already constructed and did not meet the requirements outlined in the policy. These constructions are effectively stopped since 2018;(iii) in 1992, ICT Zoning Regulations 1992 were promulgated and the entire city was divided into five zones. As per clause-4(1) A (iv) of this regulation regarding development strategies of Zone1, no private scheme of any kind whatsoever shall be allowed except in sector E- 11. However, regulations of Zone II were applicable for this part of Zone I.

It had been observed that the exemption of Sector E-11 from acquisition created multifarious urban problems like urban flooding, zigzag streets, non-collection of solid waste, disposal of untreated liquid waste, dumping of debris and garbage into natural streams, environmental pollution, traffic hazards, etc. due to which the sector had emerged as an urban anomaly amidst planned residential sectors.

It was transpired during an internal inquiry that the permission of narrowing of Nullah where the floods took place was granted by the CDA, The officers identified in the report shall be proceeded against under the law. The permission not only stood revoked but necessary amendments would be made.

The available record further reveals that this matter had been taken up before the Islamabad High Court, Islamabad also, where relief was obtained in W.P.1584/2008. However, perusal of record and ground situation had created serious doubts regarding the hydrological survey and thus a new situation had arisen.

In order to streamline the urban development and provision of municipal services in sector E-11 following proposals/ recommendations were submitted: (i) the approval of exemption of sector E-11 from acquisition granted by the Advisor to the president on June 05, 1968 and subsequently approved by the Federal Cabinet on June 27, 1968 may be revoked so that the CDA may step-in in sector E-11 as per the CDA Ordinance 1960 and bylaws/ regulations of the CDA may be implemented in Sector E-11;( ii) in exempted area of Sector E-11, no construction activity will be carried out without approval of the CDA. The CDA may be allowed to implement its Building Regulations of 2020 in all areas of E-11 ;(iii) hydrological and infrastructure study of housing schemes in E-11 to be carried out by the CDA and its cost will be borne by the sponsors of the schemes;(iv) hydrological and infrastructure study of standalone projects to be carried out immediately by the CDA. The project which do meet the criteria i.e. Right of Way (RoW) of access road, distance from the Nullah Bank, construction on Nullah etc. will be removed at the risk and cost of sponsor. Any dislocation involved will be borne by the sponsors;(v) plots created along Nullah Banks by encroaching RoW of Nullah in housing schemes will be dislocated on the risk and cost of management of the society ;(vi) urban regeneration study sector E-11 as proposed in the interim report on review of Master Plan of Islamabad will be carried out by the CDA through E-in-C Branch which is already deployed and its cost will be borne by the sponsors of the schemes/ standalone projects and ;(vii) Zoning Regulations of Zone 1 may be applied and all expenses will be borne by the sponsors.

There was no enforcement and recovery mechanism in the CDA Ordinance. Moreover, recovery as arrears of land revenue would be cumbersome in this context. It was; therefore, proposed that proposed measures where sponsors were required to be compelled, as an extraordinary measure should be referred to ICT Administration and SECP (where applicable) while wherever CDA’s Planning Wing had jurisdiction they would come into play.

During discussion, the members opined that the proposal to withdraw exemption of sector E-11 from acquisition granted with the approval of Federal Cabinet was not required as just extending the Zoning Regulations of zone 1 would achieve the purpose. However, Chairman CDA informed that a larger regulatory framework was being developed, which would be ready in a month’s time, to regulate areas in the ICT outside the purview of CDA.

The Prime Minister directed to finalize the framework within two weeks. The members also stressed the need to institute criminal proceedings, along with disciplinary action, against the delinquent officers.

After detailed discussion, the Cabinet approved the proposals of Chairman CDA except for the revocation of exemption of sector E-11 from acquisition granted by the Advisor to the President on June 05, 1968 and subsequently approved by the Federal Cabinet on June 27, 1968. The Cabinet further directed the CDA to institute criminal proceedings, along with disciplinary action, against the delinquent officers. The Cabinet also directed Chairman CDA to finalize the uniform regulatory framework which shall also include the warden system, to regulate the areas in the ICT outside the purview of CDA, within two weeks. The Cabinet directed Interior Division to take up the matter with Government of Punjab to extend the emergency response service 1122 to ICT, as well.

Copyright Business Recorder, 2021