The 13.5 acres beneath the twin towers constitute state land, leased by the Capital Development Authority (CDA) under defined conditions — timely payment of lease obligations and adherence to approved land use.
Here is the legal core: Breach of either condition, non-payment or unauthorised change of use, triggers the lessor’s right to terminate. And the developer cannot transfer a better title than the developer possesses.
Imagine the state does not act. Three outcomes follow: default becomes a strategy; land-use violations become normalised; unauthorised conversions become monetisable.
Red alert: If this breach is ignored, it becomes a template, creating moral hazard across the real estate market. If this breach stands, it does not remain an exception — it becomes a precedent.
We must start with clarity. Accountability must be targeted, not indiscriminate. The primary liability rests with the developer. The regulatory failure lies with the CDA. We must end with discipline: assign responsibility precisely, or the system punishes the wrong parties.
Enforcement is required, but it must be transparent, documented and properly sequenced. The reality: This is not about one building. This is about contract enforcement. This is about urban governance. And this is about credibility of approvals. Remember: A state that cannot enforce contracts cannot attract capital.
The state must proceed. But it must proceed lawfully. The state must enforce the lease strictly — but protect the innocent. Formal notices with reasonable timelines must be issued. Bona fide purchasers must be distinguished from the developer and facilitators.
A financial recovery architecture must be designed along with the establishment of a court-supervised escrow account. Resolution must be time-bound with clear milestones on liability determination, recovery initiation and compensation disbursement. Endless litigation cycles must end.
Yes, the law must be enforced, but enforcement must protect those who relied on it. Because in real estate, uncertainty is more expensive than illegality.
The writer is an Islamabad-based columnist.
