SC directs IGP to ensure arrest of Margalla Towers’ builders
Orders for payment of rent to affectees
By Adnan Rafique

ISLAMABAD—The Supreme Court on Friday directed Inspector General Islamabad Police to ensure arrest of builders of Margalla Towers by taking all necessary steps including extradition.
A three-member bench also issued a notice to Muhammad Ramzan Khokhar and his wife Kehkshan Khokhar, both builders of Margalla Towers, to appear before the court at the next hearing to be held in the last week of November. The high-rise apartment blocks collapsed in the October 8 earthquake resulting in many casualties.
The case was heard by Chief Justice Iftikhar Muhammad Chaudhry, Jsutice Abdul Hameed Dogar and Justice Mian Shakirullah Jan. The court also approved the rent payment formula for owner occupants presented by the Capital Development Authority (CDA) after negotiations with the affected families. According to the formula CDA will pay rent to only 88 owner occupants minus the builders’ occupants as interim relief on monthly basis with payment of two month as advance.
Payments will be made at the rate of Rs. 75,000 (Category-A), Rs. 65,000 (Category-B), Rs. 50,000 (Category-C) and Rs. 40,000 (Category-D) as per the agreement. The payments will be given till the final decision of the case, the bench said. The court made it clear that tenants have no right to such interim relief and they would not be given rent by the CDA.
The bench directed CDA to place complete record of the Margalla Towers indicating the ownership or lease documents of the plot from allotment to completion of the project as well as record of the construction company. The CDA was also directed to produce within 10 days a complete record of allotment of the relevant plots including leasing documents and a list of officials who remained involved in the project from allotment of the plot to approval of plan as well as construction and supervision.
The bench observed that an earthquake code for buildings must be introduced in all the provinces and building regulations should be rewritten after conducting a survey if necessary.
The court issued notices to secretaries of the Ministry of Commerce and Ministry of Petroleum and Natural Resources to appear on the next hearing date. Similar notices were issued to Chief Secretaries of all the four provinces. Chief Secretary Balochistan was directed to submit earthquake code especially framed for Quetta and some other areas of that province.
IG Islamabad Police, Chaudhry Iftikhar, informed the court that arrested two CDA officials, Assistant Director Abdullah Jan and Inspector Noor Muhammad, have been arrested so far. He said efforts were being made to arrest others who remained involved in the project, including engineer Abdul Hafeez Sheikh and Azhar Mehmood Qureshi. Abdul Hafeez is believed to have left the country on October 12 after registration of an FIR against the officials.
According to preliminary lease and design approved by CDA, the Chaudhry Construction Company (CCC) Associates was given the plot to construct Margalla Towers for a period of 33 years on lease basis having total construction approval of 114 flats. On the application submitted by Muhammad Ramzan Khokhar, the CDA extended lease of the plot to 99 years from 33 years. The number of flats was also increased to 148 from 114.
The Court raised questions about the extension in lease agreement as well as number of flats and said, “Both the things cannot be done without the blessings of higher authorities.”
According to record, Brig. (Retd) Ghulam Rasool Chaudhry andMuhammad Ramzan Khokhar (a former draftsman of CDA) formed acompany CCC Associates in year 1991 having equal share of their wives. Brig. (Retd) Ghulam Rasool who died in year 1999 withdrew from the company in year 1998 leaving complete liabilities/assets of the company for Mr.Khokhar and his wife.
Habib Fida, an architect, was assigned by the CDA forMargalla Towers who left the job in year 1994 due to non-cooperation by the builders/constructor of the Towers regarding material quality and having dispute over this issue. He submitted a written report to CDA regarding substandard material being used bythe builder/constructor of the Margalla Towers which was neglected by the authorities of the CDA, the Inspector General said.