06-05-2010, 01:44 PM
* Calls for action against former CDA chairman Kamran Lashari
By Masood Rehman
ISLAMABAD: The Supreme Court (SC) on Friday declared establishment of McDonald’s at Fatima Jinnah Park, Sector F-9 Islamabad, contrary to Article 18 of the Constitution read with CDA Rules 1960 and ordered its demolition within three months.
A three-member SC bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, announced its verdict, earlier reserved last month, on a plea filed by Pakistan Muslim League-Nawaz (PML-N) former Senator Saadia Abbasi, highlighting violation of the apex court’s 2006 verdict which had banned all kind of commercial activities in public parks.
“If CDA Board or the federal government decline to grant conversion of the cuisine pavilions into a site for construction of food restaurant, the existing superstructure raised by the McDonald’s shall be demolished by defunct lease holder at its cost within three months and fresh applications shall be invited from local as well as international food chains by inviting expression of interest, indicating the area, facilities, etc, and whosoever succeeds shall be entitled to set up a food outlet accordingly,” the court ruled.
It however held that if M/s Siza Foods participate and succeed in the auction, it shall continue with the business subject to fresh terms and conditions, without introducing in the business any third party, like Lakson Group/group company, etc. “However, if any other food chain succeeded, then the parties with the intervention of the CDA shall negotiate the cost of the existing structure of McDonald’s restaurant,” the court ordered.
As for allotment of land in F-9 Park to Nazria-e-Pakistan Council (NPC), the court directed CDA to forthwith cancel it, take over the building and all facilities attached therewith and place the matter before the federal government in the light of the MoU signed between the Ministry of Education and the NPC so as to run affairs of Aiwan-e-Quaid smoothly and achieve the objectives for which it was established.
“However, it would be for the federal government to allow representation to NPC in the management committee, but complete administration of the premises shall rest with the government,” the court ruled.
In its order, the court said that as far as Megazone in F-9 Park is concerned, its transfer in the name of Brig ® Iftikhar Ahmed and others was contrary to terms of the licence, therefore, the occupants subject to the rights of the original licence holder shall be given opportunity to get the same transferred in their name in accordance with law within three months.
The court held that in case the CDA failed to reach some agreement with Brig ® Iftikhar Ahmed, the land shall be taken over by the CDA and the occupants shall be directed to restore it to the position as it was before issuing the licence in favour of M/S S&S Enterprises. The court in its order pertaining to Citizens Club ruled that as the construction of the club would be completed with a huge amount of public money, it should be used for a project of public welfare.
The court directed CDA through Establishment Division to take action against Kamran Lashari, former CDA chairman, for violating the Constitution and CDA rules. The court directed incumbent CDA chairman to ensure implementation of court’s directions through concerned functionaries of the federal government within a period of three months.
“A perusal of the documents made available to the court abundantly make it clear that Kamran Lashari, the CDA’s former chairman, in violation of the constitutional provisions, CDA Ordinance, 1960, as well as other rules and regulations on the subject granted lease for 33 years of government land at a very nominal lease money to M/S Siza Foods in a nontransparent manner, undoubtedly, with the connivance of the other officials of the CDA; therefore, they all deserve to be dealt with strictly for misconduct, departmentally as well as by instituting both civil and criminal action against them, so that it may serve as a deterrent for like-minded persons, who discharge their duties/functions without adhering to the relevant provisions of the Constitution and the law. Such an action has become necessary with a view to avoiding in future violation of any provision of the Constitution and the law,” the court held.
The court ordered the CDA chairman to ensure transparency in other projects of the CDA and ‘at the same time office files of master plan and preparation of schemes shall be maintained properly instead of showing helplessness to produce the record before the court’.
The court accepted the unconditional apology tendered by Amin Muhammad Lakhani, proprietor of M/S Siza Foods, having warned him to be careful in future and avoid scandalising the courts. In February 2006, the SC had held the commercial activities in public parks in violation of the constitution, besides such activities were contrary to the CDA rules and by-laws.
By Masood Rehman
ISLAMABAD: The Supreme Court (SC) on Friday declared establishment of McDonald’s at Fatima Jinnah Park, Sector F-9 Islamabad, contrary to Article 18 of the Constitution read with CDA Rules 1960 and ordered its demolition within three months.
A three-member SC bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, announced its verdict, earlier reserved last month, on a plea filed by Pakistan Muslim League-Nawaz (PML-N) former Senator Saadia Abbasi, highlighting violation of the apex court’s 2006 verdict which had banned all kind of commercial activities in public parks.
“If CDA Board or the federal government decline to grant conversion of the cuisine pavilions into a site for construction of food restaurant, the existing superstructure raised by the McDonald’s shall be demolished by defunct lease holder at its cost within three months and fresh applications shall be invited from local as well as international food chains by inviting expression of interest, indicating the area, facilities, etc, and whosoever succeeds shall be entitled to set up a food outlet accordingly,” the court ruled.
It however held that if M/s Siza Foods participate and succeed in the auction, it shall continue with the business subject to fresh terms and conditions, without introducing in the business any third party, like Lakson Group/group company, etc. “However, if any other food chain succeeded, then the parties with the intervention of the CDA shall negotiate the cost of the existing structure of McDonald’s restaurant,” the court ordered.
As for allotment of land in F-9 Park to Nazria-e-Pakistan Council (NPC), the court directed CDA to forthwith cancel it, take over the building and all facilities attached therewith and place the matter before the federal government in the light of the MoU signed between the Ministry of Education and the NPC so as to run affairs of Aiwan-e-Quaid smoothly and achieve the objectives for which it was established.
“However, it would be for the federal government to allow representation to NPC in the management committee, but complete administration of the premises shall rest with the government,” the court ruled.
In its order, the court said that as far as Megazone in F-9 Park is concerned, its transfer in the name of Brig ® Iftikhar Ahmed and others was contrary to terms of the licence, therefore, the occupants subject to the rights of the original licence holder shall be given opportunity to get the same transferred in their name in accordance with law within three months.
The court held that in case the CDA failed to reach some agreement with Brig ® Iftikhar Ahmed, the land shall be taken over by the CDA and the occupants shall be directed to restore it to the position as it was before issuing the licence in favour of M/S S&S Enterprises. The court in its order pertaining to Citizens Club ruled that as the construction of the club would be completed with a huge amount of public money, it should be used for a project of public welfare.
The court directed CDA through Establishment Division to take action against Kamran Lashari, former CDA chairman, for violating the Constitution and CDA rules. The court directed incumbent CDA chairman to ensure implementation of court’s directions through concerned functionaries of the federal government within a period of three months.
“A perusal of the documents made available to the court abundantly make it clear that Kamran Lashari, the CDA’s former chairman, in violation of the constitutional provisions, CDA Ordinance, 1960, as well as other rules and regulations on the subject granted lease for 33 years of government land at a very nominal lease money to M/S Siza Foods in a nontransparent manner, undoubtedly, with the connivance of the other officials of the CDA; therefore, they all deserve to be dealt with strictly for misconduct, departmentally as well as by instituting both civil and criminal action against them, so that it may serve as a deterrent for like-minded persons, who discharge their duties/functions without adhering to the relevant provisions of the Constitution and the law. Such an action has become necessary with a view to avoiding in future violation of any provision of the Constitution and the law,” the court held.
The court ordered the CDA chairman to ensure transparency in other projects of the CDA and ‘at the same time office files of master plan and preparation of schemes shall be maintained properly instead of showing helplessness to produce the record before the court’.
The court accepted the unconditional apology tendered by Amin Muhammad Lakhani, proprietor of M/S Siza Foods, having warned him to be careful in future and avoid scandalising the courts. In February 2006, the SC had held the commercial activities in public parks in violation of the constitution, besides such activities were contrary to the CDA rules and by-laws.