Minutes of the 2 nd Meeting of Special Committee on SCBAP Housing Scheme held at SCBAP Head office Islamabad on February 20,2018(Tuesday) at 02:00 PM.

Transcription

1 Minutes of the 2 nd Meeting of Special Committee on SCBAP Housing Scheme held at SCBAP Head office Islamabad on February 20,2018(Tuesday) at 02:00 PM. Meeting of the 2 nd meeting of Special Committee on SCBAP Housing Scheme was held at Islamabad on February 20, 2018( Tuesday) at 02:00 PM at SCBAP Head office Islamabad. The matter pertaining to SCBAP Housing Scheme was discussed at length by the respected Members. presented and discussed before the Committee. Following Members attended the Meeting. Proposal by the different Contractors/ Developers were 1. Mr. Kalim Ahmed Khursheed Syed. Chairman President SCBAP 2. Mr. Justice (Rtd.) Malik Muhammad Qayum. Member 3. Mr. Hamid Khan. Member 4. Mr. Justice(Rtd.) Tariq Mahmood Member 5. Mr. Yaseen Azad. Member 6. Mr. Kamran Murtaza Member 7. Mr. Ali Zafar Syed. Member Following are the viewpoints extended by the learned Members of the Committee. 1. Mr. Justice(Rtd.) Malik Muhammad Qayum. Former President SCBAP. It has been pointed out by Mr. Justice(Rtd.) Malik Muhammad Qayum that first of all due diligence of the land owners will be essential and the original owners along with Khasra No`s should be produced.

2 2. Mr. Yaseen Azad. Mr. Muhammad Yaseen Azad objected that we should stick with the originally adopted line/approach by SCBAP which was to acquire land through Government or by the Orders of Hon`ble Supreme Court of Pakistan. He further emphasized on the fact that SCBAP should not indulge itself into any private venture for its Housing Scheme. Mr. Yaseen Azad also suggested that the Executive Committee of SCBAP should write a letter for appointment of a meeting with Hon`ble Prime Minister of Pakistan and should meet Governor Punjab Mr. Rafique Rajwana at its earliest for impeccable solution of SCBAP Housing Scheme. 3. Mr. Kamran Murtaza. Mr. kamaran Murtaza supported the words of advice from Mr. Muahmmad Yaseen Azad to stick with the originally adopted policy to acquire a land through Government and stressed that SCBAP should not indulge itself into any Private venture. Mr. Kamran Murtaza also suggested that a letter to Prime Minister of Pakistan may be handed over to him after which he offered his help to arrange the meeting with Prime Minister of Pakistan 4. Mr. Justice(Rtd.) Tariq Mahmood. Mr. Justice(Rtd.) Tariq Mahmood suggested that SCBAP should adopt such a policy which can produce result in speedy and diligent manners and any such policy should strictly be made in accordance with legal parameters. 5. Mr. Syed Ali Zafar. Mr. Syed Ali Zafar endorsed the earlier aforementioned suggestions extended by the former President`s SCBAP, however he also proposed to put hand on the strategy of consent award TO be adopted as a contingency policy where the original land owners shall be produced and due diligence shall be adopted for the verification of ownership and original land owners which may bring some fruitful results to SCBAP.

3 6. Mr. M. Kalim Ahmed Khursheed Syed President SCBAP. i. The President SCBAP spotlighted the progress in SCBAP housing Scheme during his tenure at length. He told that Writ-Petition No was filed in IHC which was accepted by his lordship Mr. Justice Athar Minallah that LAC cannot acquire land within Islamabad Capital Territory and rights of acquisition inside ICT only vests with CDA and against that very Judgment ICA is still pending and in that very Judgment, the Hon`ble Judge refered to certain rulings earlier passed by Lahore High Court Lahore where it was declared that in land acquisition matter LAC cannot acquire land in CDA area. There after I have consulted the Ex- legal advisor CDA Malik. Muhammad Nawaz and Ch Muhammad Ramzan both agreed that this hurdle is on our way and acquisition by LAC is not permitted by Law, I was very much perturbed by the chain of these events mean while W.P No. 3930/2017 being fixed in Islamabad High Court on which the stay was granted and Hon`ble Mr. Justice Atthar Minallah also suspended the Notification. We appeared in that W.P and stay was vacated and ultimately I myself appeared in the Writ. Petition case was Sine-die adjourned. I was again perturbed by the pendency of the matter. ii. The Secretary, SCBAP along with the Ex-Presidents met with the Ex-Prime Minister Mian Muhammad Nawaz Sharif whereby he promised to help Supreme Court Bar Association of Pakistan and it was even communicated to the Honorable Prime Minister of Pakistan Mr. Shahid Khaqan Abbasi. Learned Attorney General for Pakistan intimated that we should have a meeting with Prime Minister of Pakistan but the same was not matured. I again wrote a letter to call upon the Prime Minister to meet the Executive Committee of SCBAP but it was not responded back. I held three

4 meetings with the Hon`ble Governor Punjab and three meetings with Minister CAAD but no proper response from the other side was extended. Minister CAAD was not at all helpful while Governor Punjab was cooperative. iii. I was also told by the members that the attitude of Mr. Mr. Justice Qazi Fiaz Essa was aggressive towards SCBAP on the last hearing of Contempt Petition 41/ iv. I requested, Hon`ble Chief Justice of Pakistan to intervene in the matter of SCBAP housing Scheme but he showed his inability to help SCBAP in the said matter, however Hon`ble CJP after some time took the Notice in public interest litigation regarding Supreme Court Employees Housing Society. v. Now I asked the respected members to tell us that weather we should wait for the matter pertaining to the acquisition of land to be decided in Islamabad High Court or we should approach to the Supreme Court of Pakistan where it is possible that the matter will not be result oriented or we should adopt any alternative suggestion. Thereafter, the following points were resolved by the Committee. 1. It was decided that a letter requesting an appointment with the Prime Minister of Pakistan should be sent by the SCBAP as advised by Mr. Muhammad Yaseen Azad and Mr. Kamran Murtaza. 2. In addition to this, Mr. Syed Ali Zafar had agreed by all the participants of the meeting that proposals from the developers / contractors along with the details of Khasara No`s, revenue record should be obtained and verified and alternative suggestion may be considered. 3. Detailed report pertaining to the revenue record and original Land owners may be verified by the LAC after carrying out due diligence.

5 4. It was also directed to the office by the committee to place all the previous record pertaining to the Housing Scheme and the cases thereof in the Supreme Court of Pakistan along with the orders passed by the Supreme Court and High Court be placed in the next meeting. 5. It was further directed by the President, SCBAP to place the minutes of the said meeting before SCBAP Executive Committee. 1. At this Juncture, Mr. Hanif Qureshi representative of MITTH Builders and Contractors (PVT) Ltd and offer by his company was considered by the Committee in the presence of Mr. Hamid Khan and Mr. Syed Ali Zafar Former President SCBAP. It was stated by Mr. Hanif Qureshi that Mitth Builders can provide total 2000 plots for the Members of SCBAP along with the possession of land in one month time and can also provide revenue record and necessary documents. 2. Mr. Raja Hasnat Ahmed representative of M/S BNA was also present and his offer was also considered. He stated that BNA hold around 3200 to 3300 Kanals of land in the shape of compact chunk of land and the requisite documents and record can be produced after the Agreement and the possession of land will be handed over in 15 days time.

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