1

CAPITAL DEVELOPMENT AUTHORITY

LAW WING

Subject:- 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).

Reference letter No.CDA-Dir-Technical-5(56)/Genl/39/2023/35 dated

04-08-2023. (FLAG-A)

In pursuance of the Honourable Supreme Court of Pakistan order dated 25-07-

2023 on the subject Case, the competent Authority has constituted a Committee to
probe into the matter with following TOR’s:-
i. Examine the Circumstance under which the cancellation of allotment
of land / plot allotted to for IT University and whether any
malfeasance / maladministration was involved on part of CDA /
Officers of CDA.
ii. Whether any balance of convenience lies in favor of the highest
bidder / present litigant i.e. M/S Aitezaz Bob Din.
2. Following Committee is constituted;

a. Mr. Naeem Dar, D.G (Law),CDA Chairman of the Committee

b. Mr. Arshad Chohan, DDG (Planning), Member
CDA
c. Shahid Ijaz Tarrar, Director (EM-II), CDA Member

Subject Matter: A Land measuring 41.25 Acres in Zone-IV in the Kuri Agro
Farming Scheme for the Establishment of IT University.

3. In compliance of the order of the competent authority, the Committee examined

the record of IT University produced by Regional Planning Directorate and Estate
Management Directorate-II along-with record of Court Case and observed that:

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

5. Director Project Management placed a summary before the CDA Board in a

meeting held on 08-01-2008 regarding establishment of I.T University in Zone-IV,
Islamabad that; only one company M/S En Point Technologies has expressed its
interest in the project on long terms leased basis instead of Joint Venture / BOT.
Total area earmarked by Director Regional Planning was about 41.25 acres in the
Kuri Agro Farming Scheme; and the payment terms should be finalized as
proposed by MS En pointe Technologies i.e. monthly lease payment of Rs.0.400
million for 99 years of lease. The future cash flows are Rs.475.2000 Million for
total months of 99 years lease. The present value of these cash flow on 9.69
discount rate is only Rs.49.532 million while the present value on amenity rate of
Rs.2200 per sq.yard on the same discount rate is Rs.439.230 million. The
Comparison of the same is as under:-

DESCRIPTION Present Value of future cash flows

(Rs.in Million)
On amenity rate of Rs.2200 per 439.23
Sq.yard
Proposed by En Pointe Technologies 49.53
Difference – Excess / (Short) 389.70

6. As per summary M/S En Pointe Technologies proposed the following two

Schedules of Payment:-

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:

i. The project should be based on long-term lease instead of Joint

Venture / BOT.
ii. The payment terms should be finalized as proposed by M/S En
Pointe Technologies at para-06 above.
 3

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)

- 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.

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):-

i. Maximum number of storeys = Ground + 9

ii. Maximum FAR = 1 : 2.5
iii. Permissible ground coverage = 30%
iv. Setbacks = Front : 100 feet
Sides : 80 feet each
Rear : 80 feet
v. Basement = Within the plot area
leaving 10 feet setbacks
all around from the
plot line and will be meant
for parking only.

10. Director Project Management informed MS En Pointe Technologies on 29-04-

2008 vide letter No.CDA/D(PMO)143/2007/1018 that the period of lease on rent
basis shall be up to 99 years from the delivery of vacant possession of the plot and
will renew every 33 years. The lease rental shall be @ Rs.2200/- per Sq. Yards for
the purpose of constructing thereon and operating an IT Campus and Institute (The
Technology Campus) as defined in the agreement. Annual Ground Rent (AGR)
will be revised at the time of renewal of each term of 33 years according to the rate
applicable at the time of each renewal. It was requested to courier the original
agreement after signing the same to his office. (Flag-F)

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

2/C reflect that he mode of disposal of plot was intended to be a "Joint

Venture Basis/BOT", which is not permissible in view of the above.
d. As per terms of the advertisement the purpose of the disposal was meant
for the, "Establishment of Information Technology University in Zone-IV".
Approval of the Federal Government as required under sub-para 6 of para 7
of Islamabad Land Disposal Regulations 2005 is also not available, as
indicated in para 107-108/N.
e. Notwithstanding the fact that the CDA law does not provide for a JV with a
private party, the mode of disposal of the plot land was subsequently
converted to a "lease for 99-years", as reflected from copy of lease
agreement dated: 15-02-2008 available in file at P-21-29/C. The same is
neither registered nor it contains the particulars of witnesses.
f. I have gone through the pre-paras wherein the planning directorate
repeatedly noting/observing that the proposed lay out plan is not in line
with the terms of disposal, however, despite that the file is being referred to
again. The Legal Advisor has already tendered comprehensive opinion at
paras 104-131/N, the same may be examined. I am of the view that the
matter may be inquired into by a committee comprising officers from all
concerned directorate and its recommendations may be submitted to the
CDA Board for appropriate orders under the law. This is however, subject
to a decision in this regard by the Competent Authority i.e. a decision
regarding inquiring the matter.

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)

“We have heard Mr. Muhammad Munir Paracha, learned ASC,

as well as the Chairman Capital Development Authority (CDA).
The Chairman CDA states that the CDA has a new policy
regarding restoration of cancelled leases and the respondents
may apply to the CDA for restoration of their lease, which shall
be considered in accordance with the law after hearing the
parties.
2. Learned counsel representing the respondents submits that
the respondents had paid an amount of 2.5 million US dollars
towards the purchase of the land and only a small amount was
left to be paid. However, CDA could not assure access to the
land allotted. The dispute between the parties came before this
Court and a resolution thereof was noted through its order
dated 01.06.2020. However, the amount in question is lying in
deposit with this Court. The respondents throughout have been
willing to complete the project, which is an IT University in
Islamabad based on foreign technology and sponsored by
expatriate Pakistanis based in USA.
3. In the circumstances, the respondents maintain that the
restoration of the leasehold property be made on the original
terms. The Chairman CDA assures that he shall place the
respondents' plea for restoration of the leasehold land before the
CDA Board for consideration. It shall be kept in mind the fact
that the respondents have remained committed to continue and
complete the project. Accordingly, the CDA Board shall
consider the respondents' case at the earliest possible and
compliance report in this regard shall be submitted before the
re-opening of the Court after summer vacations in September,
2023”.

25. FINDINGS:

i. In violation of the advertisement terms & conditions, the M/S En Pointe

was allotted a plot on 99 years lease basis instead of JV / BOT basis.
ii. The plot area advertised was 30 acres whereas the area allotted to M/s En
Pointe 41 acres.
iii. M/S En Pointe was not registered in Pakistan.
iv. The lease agreement was not registered in the Registrar's office.
v. No approval from Federal Cabinet was taken before making allotment to
the En Pointe as it was required under the ILDR-2005.
vi. The lay out plan submitted by the M/S En Pointe was contradictory of the
original terms & Conditions of allotment and agreement which shows
construction and establishment of mixed use commercial development
instead of IT University.
 8

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:-

“ Section-09 - Possession and non-provision of infrastructure issues:

In all those cases of cancelled plots where the Authority either could
not hand over the possession of plots or required infrastructure was
not developed following policy will be followed:-
a. The present status of possession and infrastructure will
be determined by following Committee before the case is
placed for approval to the CDA Board:—
(1) Member (Estate)
(2) Director EM-II.
(3) Director UP/ RP
(4) Director Enforcement.
(5) Director (L&R).
(6) One Director from Engineering Wing.
b. In case the plot is in adverse possession and
infrastructure is not available the plot will be recommended for
restoration on Standard Charges of the particular area.

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

social sector projects, involving large tracts of land, like a private

university, may be considered for special dispensation by the Federal
Cabinet on a case-to-case basis”. So the approval of Federal Cabinet also
be required as per prevalent Regulation.
iii. At present the cost of land increased mani fold and CDA can fetch higher
rate / if it is auctioned.
iv. Anyhow, the CDA Board may consider directions of the Honourable
Supreme Court passed in C.M.A No. 939/2020 in C.M.A No. 997/2019 in
C.R.P 211/2019 CDA thr. its Chairman, Islamabad v.s Attiazaz (bob) vide
order 25-07-2023 which is re-produced as under, for ready reference :-

“….3. In the circumstances, the respondents maintain that

the restoration of the leasehold property be made on the
original terms. The Chairman CDA assures that he shall
place the respondents' plea for restoration of the leasehold
land before the CDA Board for consideration. It shall be
kept in mind the fact that the respondents have remained
committed to continue and complete the project.
Accordingly, the CDA Board shall consider the
respondents' case at the earliest possible and compliance
report in this regard shall be submitted before the re-
opening of the Court after summer vacations in
September, 2023”.

27. Submitted as directed please.

Mr. Arshad Chohan, Shahid Ijaz Tarar,

Member / DDG (Planning), CDA Member / Director (EM-II),
CDA

Mr. Naeem Akbar Dar,

Chairman of the Committee / D.G (Law),CDA
 10

CAPITAL DEVELOPMENT AUTHORITY

Law Wing

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

S# DESCRIPTION OF DATE PAGE # Annex

DOCUMENTS
1 Report of the Committee 1-9
2 Constitution of 04-08-2023 10 A
Committee letter
3 Newspaper Advertisement 01-09-2007 11 B
4 CDA Board Decision 08-01-2008 12-16 C
5 Lease Agreement 15-02-2008 17-24 D
6 Planning Wing letter – 05-03-2008 25 E
Establishment of
University
7 PMO office letter – Lease 24-04-2008 26 F
Agreement Clarification
8 Regional Planning letter – 24-01-2017 27 G
Approval of Lay out Plan
9 Legal Advisor’s Opinion 22-3-2017 28-33 H
10 Regional Planning letter – 11-04-2018 34 I
Approval of Lay out Plan
11 Regional Planning letter – 24-05-2018 35 J
Approval of Lay out Plan
12 CDA Board Decision 25-05-2018 36-37 K
13 Legal Advisor’s Opinion 12-10-2018 38-41 L
14 Report on behalf of CDA 01-01-2019 42-48 M
 11

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

BRIEF OF THE CASE