CDA orders inquiry into alleged sale of amenity spaces in Al-Mustafa Tower

ISLAMABAD: The Capital Development Authority has initiated action regarding Al-Mustafa Tower in Sector F-10 and ordered an inquiry into allegations that amenity spaces in the building were sold illegally.

According to CDA officials, the authority recently received information that public amenity areas in the tower, including the gym and open spaces, had allegedly been sold, affecting more than 320 families by depriving them of recreational facilities.

A CDA official said that in 2019, acting on directions of the Islamabad High Court, the authority had taken over the project and began managing its affairs through a committee. The official said, "On the directions of the Islamabad High Court, CDA constituted a committee to manage the affairs of Al-Mustafa Tower. However, the committee became dysfunctional without any order from the competent authority, due to which the affairs of the building could not be managed properly. In the meantime, CDA received information that public amenity spaces had been illegally sold by the ex-allottee/builder and more than 320 families had been deprived of recreational facilities."

The official said CDA Member Estate on Thursday directed the authority to take over the project again in compliance with the Islamabad High Court’s orders. He added that an inquiry committee had also been formed and, after approval from the competent authority, it was expected to begin work from Monday.

The inquiry is intended to determine whether there was negligence or alleged connivance on the part of CDA officials, as the amenity spaces were allegedly sold after 2018, according to officials.

IHC directions and committee reactivation

An official from the CDA Estate Wing said that while hearing a case related to cancellation of the lease of the Al-Mustafa Tower plot over non-payment of premium, the Islamabad High Court observed in its Nov 8, 2019 order in Writ Petition No. 4759/2018 that since the allotment of the plot had been cancelled, the property vested in the CDA. The official said the court had also held that any sale, transfer or disposal of units in the building was to be regulated by the authority.

He said the high court had directed the CDA to appoint an officer or committee to manage the affairs of the building. In addition, the matter later came before a civil court, which directed that third-party rights should not be created.

The Estate Wing official said the CDA management had now decided to reactivate the committee so it could resume functioning in light of the Islamabad High Court order and oversee the day-to-day affairs of Al-Mustafa Tower. He added that the committee would not create third-party rights, in line with the civil court’s directions.

Officials also said the CDA Security Directorate had been asked to provide adequate personnel to assist the committee or team during the operation.

According to official sources, the CDA Law Wing has also been directed to pursue the case in the civil court and inform it that the Islamabad High Court had already ruled that the plot stood cancelled, the property vested in the CDA, and any sale, transfer or disposal of units in the building was to be regulated by the authority.

Another CDA official said, "After the issue of One Constitution Avenue , the CDA management, backed by the Interior Minister, has decided to take action against all bigwigs. Soon, CDA will also form a committee to determine the role of its officials in the One Constitution Avenue project as well."