Authored by Chief Justice Iftikhar Muhammad Chaudhry, the judgement of the case, initiated on media reports regarding fast food outlet in F-9 Park, said, "establishment/construction of McDonald's restaurant in Fatima Jinnah Park, Sector F-9, Islamabad, was contrary to Article 18 of the Constitution read with CDA Ordinance, 1960."
A three-member bench comprising the Chief Justice, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday had concluded the hearing last month and reserved the judgement. The CDA had allowed the construction of a multinational food chain: McDonalds, Citizens' Club with residential facilities for its members, Aiwan-e-Quaid Library under the supervision of Nazriya-e-Pakistan Council and a bowling club in F-9 park.
In January 2005, the CDA leased out a plot of 6,000 square yards in F-9 Park (Fatima Jinnah Park) to M/S Siza Foods (Pvt) Ltd for setting up a fast food restaurant (McDonald's Pakistan) on the western side of the Park. In 2007, the CDA sanctioned Rs 1.383 billion for Citizen's Club. The proposed membership structure of the club was 62.5 percent (private citizens), 15 percent (government officers & parliamentarians), 7.5 percent (CDA officers) and 15 percent (diplomats/corporate). Cost of the project excluding furnishing was worked at Rs 1254.149 million. An amount of Rs 575.146 million had been expended so far. Physical progress of the work was 69.16 percent.
The order said, "CDA is directed to cancel the lease of M/S Siza Foods forthwith, put up the matter before the CDA Board for converting cuisine pavilion area with dense vegetation into restaurant area, and then re-auction a site for setting up a food outlet therein, and seek approval from the Federal Government to the Master Plan as also the schemes prepared thereunder, in accordance with the provisions of the CDA Ordinance, 1960 and the other relevant rules and regulations."
If the CDA Board or the Federal Government declined 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 within three months, the order said.
Fresh applications shall be invited from the 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. However, if M/S Siza Foods participated and succeeded in the auction, it shall continue with the business subject to fresh terms and conditions, without introducing 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 judgement added.
The CDA shall forthwith cancel the allotment of land to Nazariya Pakistan Council (NPC), take over the premises along with facilities 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 the affairs of Aiwan-e-Quaid smoothly and achieve the objects for which it was established.
As far as Mega zone (bowling club) is concerned, its transfer in the name of Brigadier Iftikhar Ahmed (Retd) and others was made contrary to the terms of the license; therefore, the occupants subject to the rights of the original license holder shall be given opportunity to get the same transferred in their name in accordance with law/guidelines issued by the Securities and Exchange Commission of Pakistan within a period of three months, failing which the licence shall be cancelled, the land shall be taken over by the CDA and the occupants shall be directed to restore it to the position as it was prevailing before issuing the license.
As far as Citizens Club is concerned, the court said, "its construction shall be completed as a huge amount of public money has been spent over it unauthorisedly and the building with other facilities shall be used for a project of public welfare."
The judgement said that "a perusal of the documents made available to the Court abundantly makes it clear that Kamran Lashari, the former Chairman CDA, 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. In the case of Iqbal Haider (supra), it was observed that action against the responsible officer/official of the CDA was called for in view of the judgement of this Court in Pervaiz Oliver (supra), but it seems that no action against anyone was taken so far.
The Chairman CDA shall ensure implementation of directions in the above paragraph through concerned functionaries of the Federal Government within a period of three months from the date of this judgement. He is also directed 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.