Islamabad-The Capital Development Authority (CDA) has cancelled the Layout Plan of Jinnah Gardens-I housing scheme, sponsored by the Federal Employees Co-Operative Housing Society (FECHS) that was approved in 2011 over violation of the terms and conditions.

 According to CDA officials, the LOP was approver for 2548 kanals land and 2397 residential plots along with other allied land usages. The approval was subject to certain terms and conditions but the CDA has observed with serious concern that the society has failed to complete the pre-requisites of the NOC of the scheme in spite of lapse of about seven and half years. Instead the society started execution of development work and construction of buildings in the scheme prior to obtaining NOC from CDA. The society was advised to refrain from executing development work at site and sale of land/plot of the approved scheme before the NOC is obtained as that would be a “clear violation of the approval of lay out plan, CDA Ordinance 1960, ICT Zoning regulations, 1992, modalities and procedures framed under and Islamabad building control regulations 2005,” said the CDA notification.

The CDA has stopped all of development work and construction and construction of buildings in the scheme until NOC is obtained from the Authority. The society was served many notices during the last 7 years but the society neither stopped development work, construction of buildings in the scheme nor complied with the terms and conditions of the LOP Approval and completed pre-requisite for obtaining NOC from CDA.

“It has been noticed with serious concern that M/s FECHs, in sheer violation of the approved LOP dated 9 April, 2011 has converted almost all sites earmarked for parks, green spaces, public buildings areas like schools, hospital, community centre and graveyard into residential and commercial plots, except three mosques and a grid station.

The width of nullah passing through the scheme has also been reduced and its right of way has been included in the plots,” the CDA observed.

It said this is a clear case of wilful concealment of facts, criminal breach of trust and fraud with motives to achieve wrongful gains in violation of the commitments on pat of the M/s FECHS to spare agreed amount of land specified in the approved LOP for amenities.

The society has brazenly violated terms and conditions which formed the mainstay of the approved LOP for the scheme, the CDA further observed. It said active concealment of facts having knowledge and belief of facts committed by anyone for wrongful gains attracts criminal liability punishable under the law. In such a situation where the land meant for amenities is sold out through concealment of cats, possession of such land can be retrieved by the CDA by all means and the loss and damage of any nature occurred to the wrongful purchasers shall be the sole responsibility of the society to compensate.

M/s FECHS has to pay CDA an amount of Rs 19,281,640 on account of fee/fine/penalties (Calculated up to 31 December 2013). As per record, the management of the society has not deposited the said dues.

The plots mortgaged with CDA have been allotted and buildings constructed there in sheer violation of the mortgaged deed. Keeping in view the non-serious attitude and irresponsible attitude of the society, approval of LOP of Jinnah Gardens-I housing scheme zone V Islamabad is cancelled with immediate effect under the provision of clause 5 of ICT Zoning regulations 1992, the CDA maintained.

Subsequently, Director BCS-II has been requested to initiate action against the scheme under ICT Zoning regulations 1992. Director Enforcement has been requested to initiate action against the scheme and all such illegal access from Islamabad Highway. Director Municipal Administration has been requested to withdraw permission for advertisement in the city regarding this scheme. Deputy Commissioner ICT Islamabad has been requested to issue necessary directions to Tehsildar ICT that registration and execution of mutations of land by the sponsors may not be entertained. Registrar Cooperative Societies has been requested to initiate against the sponsors under provisions of Cooperative Societies Act 1927. Chief executives of IESCO, SNGPL and PTCL have been asked not to provide NOC for utility connections to the scheme without approval of the CDA.