ISLAMABAD: The Estate Wing of the Capital Development Authority (CDA) has ordered disciplinary proceedings against officials and officers responsible for the transfer of a house in F-7 and shops in a commercial plaza at Jinnah Super Market allegedly on the basis of forged documents.
Sources said a woman filed an application with CDA’s memberestate Zaman Wattoo stating that a business and company partner of her late husband procured the transfer of the house in F-7/4 and commercial units/shops in Jinnah Super Market allegedly on the basis of forged and fabricated documents.
They said the member summoned both parties and heard their points of view and recorded their written statements. The judicial orders produced by both parties were also examined. A fact-finding inquiry pointed out that the transfers were made on the basis of resolutions of the company, which however did not confer clear or specific authority on the surviving partner to sell, alienate or transfer the firm’s immovable assets.
The inquiry report revealed that the resolutions contained material blanks/alterations and did not iden-tify the proposed transferee with requisite certainty.
‘The resolutions do not contain the thumb impression of the second partner (late husband of applicant) although these contain the thumb impression of surviving partner, who is beneficiary of all these transfers. For purposes of CDA’s transfer procedure, they do not contain sufficient authority for the impugned transfers. The concerned transferring/admitting officers must have called other partner to check the veracity of the Resolution which is, prima facie, void. The transfer on the basis of vague resolution cannot be termed valid,’ read the inquiry report.
The report stated: ‘The Resolution used for transfer of house ...located in street 52 in sector F-7/4 is clearly tampered/ forged to insert the particulars ofthe house. The tampering is too glaring and obvious to be overlooked,’ read the inquiry report, adding that 65 commercial units were transferred to serving partner himself. ‘Even, if for the sake of arguments, it is presumed that the Resolution was valid, the properties could not be transferred to...surviving partner, as the word ‘purchaser and transferee’ does not authorize him to [get the] property transferred himself. It is settled law that an attorney or agent transferring property to his own name or in favour of close fiduciary relation require special and express permission of the principal, failing which the transfer is a null and is void,’ the report stated.
‘On perusal of record of the Authority, I have come to the conclusion that the impugned transfers,details whereof are mentioned in para no six and seven supra, effected during the years 2011 and 2012 in respect of plot no....Jinnah Super Market has been based on defective/invalid Resolution. The transfer of house ...has been made on the basis of a forged Resolution, read the report.
The report stated that since the matter is sub-judice in the civil court, consequential cancellation action or otherwise shallbe taken in the light of the court order. However, the report stated that administrative action against the delinquent officers/officials shall be taken in pursuance of finding of the report.
The member estate requested the administration wing of the CDA to initiate disciplinary proceedings against the officials/officers responsible for the transfers of the house and commercial units. The reportstated that, ‘The registrar and subregistrar and the registrar firms, ICT, may be informed of the restriction on the case. The restriction imposed on the chairman CDA about the commercial properties shall continue as reflected in the manual and computerised record andno transaction contrarythereto shall be processed, unless otherwise directed by CDA.
The Law Wing of the CDA was also directed to prepare and file para-wise comments in the pending suit(s) strictly in accordance with finding of the report, before the court(s) concerned and plead and conduct the case accordingly.
When contacted, the CDA’s member estate confirmed to Dawn that a fact-finding inquiry had been completed. ‘I can’t share finding of reports, but yes, we have completed our probe in this case,’ he said.