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2005 SCMR 1973

SAAD MAZHAR AND OTHERS
V/S
CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN

Per Iftikhar Muhammad Chaudhry, J–Constitution of Pakistan (1973) Arts. 184(3), 9, 14, 15, 23 & 23-

We have heard Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court for petitioners at a considerable length. Prima facie, we are of the opinion that this petition involves substantial questions of public importance with reference to the enforcement of fundamental rights, guaranteed by the Constitution under Article 9,14,15, 23 and 24.

A perusal of documents, so placed on record reveals that residents of Magalla Towers either were owners or tenants. They had paid considerably huge amounts for the purpose of purchasing the flats and some of them were paying quite handsome rent to the owners. They have been dislodged because of damage seems to have been caused to the building/towers due to earthquake, prima facie, on account of substandard construction under the supervision of CDA, therefore, we are of the opinion that it was the legal obligations of the CDA to provide them alternate accommodation till the time, the buildings, which they have vacated, are not reconstructed or some other arrangements are not made.

Thus, pending decision of petition for adjudication :–

(a) C.D.A. is directed to provide accommodation temporarily to the displaced families of the Margalla Towers, by hiring residences of almost of equal status as they were occupying in the towers and if it is not possible, then a committee should be constituted who would work out within a period of three days monthly rent of each residence, which will be paid to them, so thy may make arrangements of their accommodations.

(b) C.D.A. is restrained from transferring/alienating the plots of the land on which the damaged/collapsed Towers are located in any manner.

(c) C.D.A. is also directed to place on file complete record of the ownership of Margalla Towers, both the building and plot, to show whether the leasehold rights r ownership of the plot was given t the builders for he purpose of raising construction, along with approved plan by the competent authority and complete details of the officers/officials, who remained engaged in the approval of plan, construction of the towers, supervision of the same during process of construction and issuing certificate from time to time, expressing their satisfaction or otherwise with regard to the standard of the construction of the towers.
The Inspector-General of Police (Islamabad) is directed to appear and submit a comprehensive report, indicating the steps taken by him for causing the arrest of those persons, against whom a case, vide F.I.R. No. 101 of 2005, had been registered at Police Station Shalimar, Islamabad.

Office is directed to issue notices to respondents Nos. 2 and 3, through Deputy Commissioner, Islamabad. Notice to Attorney General for Pakistan under Order XXVII-A, read with Rule 1, C.P.C. may also be issued, as interpretation of various provisions of the Constitution is also involved in this case. [pp. 1975, 1976, 1977] A,B,C & D

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