Bob Din Inquiry 15-08-2023
Bob Din Inquiry 15-08-2023
Subject Matter: A Land measuring 41.25 Acres in Zone-IV in the Kuri Agro
Farming Scheme for the Establishment of IT University.
BACKGROUND:
4. CDA invited applications from International Companies / Groups / Consortia
having proven track record and requisite experience in planning, designing,
financing, developing, marketing and managing an Information Technology
Institute / Campus and business located on 30 Acres. AS per advertisement
published in English Dailies, The News & Dawn dated 01-09-2007, the location of
site was given as Zone-IV, Islamabad measuring 30 Acres to be established on
Joint Venture Basis/BOT. (Flag-B)
2
SCHEDULE-“A”
A lump sum advance payment of Rs.439.230 million in case M/S En Pointe
Technologies have sufficient funds on or before the signing of lease
agreement.
SCHEDULE-“B”
- 10% on receipt of letter of intent from CDA.
- 20% on signing of the lease agreement.
- 70% on ten annual equal installment together with interest based on six
(06) months KIBOR (average of ask and bid) for the previous three (03)
months. If, for any reason, KIBOR is no longer valid or applicable, the
State Bank of Pakistan average discount rate shall apply for the
respective installation.
7. Director PMO further stated that the value of land on the basis of allotment of land
to M/S Pakistan Software Export Promotion Bureau in Zone-IV is about Rs.2200/-
per Sq. Yard. According to Islamabad Land Disposal Regulation, 2005, following
criteria was recommended to be laid down by CDA Board for the project:
8. The CDA Board approved proposal of the allotment of land to M/S En Point
Technologies and also approved the following option as a policy for all such
organizations:- (Flag-C)
9. The lease agreement between CDA and EN Pointe Technologies, Inc. California,
USA was executed on 15-02-2008 (Flag-D). After approval of the CDA Board,
Planning Wing vide letter dated 05-03-2008 informed following bye-laws
applicable on the plot of IT University in Zone-IV (Flag-E):-
11. In October 2016 MS En Pointe Technologies submitted the layout plan for mixed
use / commercial plan and not for IT University. They were informed vide letter
dated 24-01-2017 to submit the layout plan as per the lease agreement dated 15-02-
2008. A series of meeting were held with the sponsor / lessee of IT University in
the Authority but they were not serious to submit their layout plan of IT University
as per advertisement dated 01-09-2007 and lease agreement dated 15-02-2008. The
Sponsor / lessee were again asked to submit their layout plan for IT University,
4
vide letter dated 24-01-2017 (Flag-G) and not for commercial / mixed use layout
plan.
12. The Director Regional Planning referred the case to the Legal Advisor CDA on
14-03-2017 for his input. The then Legal Advisor Hafiz Hifz-ur-Rehman offered
his opinion on 22-03-2017 which is placed at Flag-H.
13. The Regional Planning Directorate vide letter No.CDA/PLW/RP-2(999)/2008/572
dated 11-04-2018 informed the Controller, EN Pointe Technologies the request
regarding proposed lay out plan of IT University had been examined in the
Authority and it has been observed that the lay out plan does not conform to the IT
University Plan. It was requested to propose the layout plan on I.T as per terms of
lease agreement dated 15-02-2008 alongwith requisite documents. (Flag-I)
14. A summary regarding establishment of I.T. University was again placed before
CDA Board by the Director RP on 24-5-2018 (Flag-J) in which CDA Board was
proposed to re-consider the matter and refer the same to Federal Cabinet for
seeking ex-post facto approval of Federal Cabinet for allotment of 41.25 acres of
land to M/s En Pointe Technologies in Kuri Ago-Farming Scheme, Zone-IV
Islamabad @ Rs.2200/- per sq.yd approved by the CDA Board in its meeting held
on 8th January 2008 in the light of the Section 7(6) of ILDR-2005. The case was
discussed in CDA Board meeting held on 25-05-2018 and the Board decided to
seek opinion of Legal Advisor CDA that whether ex-post facto approval on this
case can be sought under Regulation 7 (6) of ILDR-2005. (Flag-K).
15. The matter was again referred to the then Legal Advisor and the Legal Advisor
opined as under (Flag-L) :-
a. At the outset I may state here that the Honourable Supreme Court of
Pakistan in the Judgment dated 15-4-2011, passed in Suo-Moto Case No.
13/2009, regarding Joint Venture Agreement between CDA and Multi
Professional Cooperative Housing Society, while setting aside the referred
inter-alia JV held as under:-
“Para-20: …..In this view of the matter, the JVA with a private
organization is not sustainable".”
b. Furthermore, a Division Bench of the Honourable Islamabad High Court in
the ICA No. 364/2017, titled: FGEHF Vs Malik Ghulam Mustafa, made an
observation with regard to the capacity/authority of CDA to grant
permission or NOC to any other organization, agency and society which
override the function of CDA, as illegal and void. Relevant portion is
reproduced herein below:
“Para-35any permission or NOC by the CDA Board or CDA
authorities through which any other organization, agency and
society which overrides the functions of CDA, is also illegal and
void”"
c. In view of the above, it is clear that the CDA Ordinance 1960, as well as the
referred Judgments of the Honourable Courts do not allow for a Joint
Venture with a private party The advertisements placed in the file at P.1 &
5
COURT CASE:
16. Later an HRC application was filed by Bob Din in the Honourable Supreme Court
of Pakistan and detailed reply of the same was submitted by CDA. (Flag-M)
17. Subsequently the Honourable Supreme Court converted the HRC case into
Constitution Petition No.72 / 2018. The case got fix for hearing before the
Honourable Court on 10-01-2019 and the Honourable Court disposed of the
matter with the directions that CDA to return the money in US Dollars within
a period of one month. (Flag-N)
18. CDA filed Review Petition No.211/2019 that CDA may be allowed to return actual
amount received i.e. Rs.176.976 million instead of equal to current value equal to
US dollar. In compliance of the order of Honourable Court CDA deposited amount
Rs.176/-million before Registrar, Supreme Court of Pakistan.
19. On 11-10-2019 the Honourable Court directed that the balance amount payable
by CDA in order to meet their foreign currency shall be deposited with the
Supreme Court of Pakistan in Pak Rupees converted at the exchange rate prevailing
on the date of deposit and dismissed the review. (FLAG-O)
6
20. Later on CDA filed CMA 939/2020 stating that, CDA deposited 176.977 million +
213.109 million = Total 389.233 million vide letter dated 16-12-2019 before the
Registrar of the Honourable Supreme Court of Pakistan and lease agreement was
rescinded vide letter dated 10-06-2020.
21. Later on the case got fixed for hearing before Honourable Court on 07-06-2022
and worthy Chairman CDA appeared and asked by the Honourable Court
that CDA is in a position to arrange alternate land for the respondent’s
project whereby the worthy Chairman informed the Honourable Court that
CDA does not have the authority to allot public land to private parties without
auction. However, such authority is available with the Cabinet. The
Honourable Court directed the respondent to come up with proposal for
consideration of Federal Cabinet.(Flag-P)
22. In compliance of order dated 07-06-2022 the matter was placed before the CDA
Board through a special meeting held on 04-08-2022 and the representative of the
respondent presented the matter before the CDA Board for allotment of land for
establishment of I.T University. The Board after careful deliberation decided to
put the factual position before the Federal Cabinet in terms of Chapter-03,
Clause-07, sub-clause-(6) of ILDR,2005 and the same was forwarded to
Federal Cabinet for final decision / approval vide letter dated 10-08-2022.
Subsequently same was submitted in the Honourable Court vide CMA
No.5584/2022.
23. The case was fixed for hearing before the Honourable Apex Court on 13-06-2023
wherein following order was passed:- (FLAG-Q)
“Learned counsel for the respondent Aitzaz (Bob) Din states his
client is willing to carry on with the project of IT City in
Islamabad provided that the original land allotted to the project
is handed over to him. Learned counsel for CDA submits that
this matter was taken up before the Cabinet which made certain
observations and the best course of action for the respondent is
to discuss the same with the Chairman, CDA. The Chairman,
CDA has appeared in these proceedings as well. A substantial
amount of money paid by the respondent in the foreign
exchange, stands deposited at the converted value in rupees with
this Court. If the project goes ahead, then that will be beneficial
both for CDA as well as for the people who will gain from IT
skills imparted at the university. Chairman, CDA shall join
proceedings of the Court on the next date of hearing. Re-list on
22.06.2023."
7
24. On 22-06-2023 the case was de-listed. Lastly fixed for hearing on 25-07-2023 and
following order is passed:- (FLAG-R)
25. FINDINGS:
vii. The rate i.e Rs.2250/- per square yard was applied by the then PMO
Directorate without consultation of Finance Wing CDA. This rate was
actually applicable for allotment of land to government/semi-government
organizations.
viii. The Locals whose land fell in the access road to the land allotted to the IT
University filed case before the Honourable Apex Court subsequently the
allottee also became a party in the said case and the Honourable Court
directed that “It is CDA’s case that the agreement in issue was void ab
initio and Petitioner (MS En pointe through Mr. Bob Din) has no objection
if the agreement is rescinded and the money deposited with the CDA is
returned”.
26. CONCLUSION:
i. The Plot / Land was cancelled due to the conduct of lessee as his interest in
the land was fading with the passage of time. He was also looking for
commercial aspect in the land. Further he delayed submission of layout
plan as well.
ii. In case where allotment is cancelled, the “Restoration Policy-2014” will
apply if the competent authority so considers. Further it is submitted that
certain mechanism has been given in the Restoration Policy 2014 which is
reproduced as under:-
The Committee is of the view that Comments of the said Committee may
also be obtained before placing the matter before CDA Board. It is pertinent
to mention here that as per Section-07(6) of ILDR-2005 “Large scale,
9
REPORT OF COMMITTEE
IN COMPLIANCE WITH THE ORDER OF HONOURABLE
SUPREME COURT OF PAKISTAN IN C.M.A.939/2020 IN
C.M.A.997/2019 IN C.R.P.211/2019 C.D.A THR. ITS CHAIRMAN,
ISLAMABAD V. ATTIAZAZ (BOB) DIN (I.T UNIVERSITY CASE AT
KURRI ROAD, ISLAMABAD).
I.N.D.E.X
in HRC Case
15 Supreme Court order 10-01-2019 49 N
16 Supreme Court order 11-10-2019 50-51 O
17 Supreme Court order 07-06-2022 52 P
18 Supreme Court order 13-06-2023 53-54 Q
19 Supreme Court order 25-07-2023 55-56 R