Promulgated laws of the Khyber Pakhtunkhwa Province of Pakistan have been handicapped/disabled by the hands of Multi Sectoral MAFIAs- A case history.

Heads of the respective Regulatory Authorities in Khyber Pakhtunkhwa, Pakistan are the main sources of promoting MAFIA culture in the Province. They, for the sake of illegal material gains cripple/violate the promulgated Laws to the extent that even their bosses at the top level turns to become impotent for taking any disciplinary action against them in case any complaint is lodged at any higher level. Probably the bones thrown in the field by the respective MAFIAs are too fleshy and rich in taste that generally it bounces on the complainant sometimes to the extent of his/her life.

Though I am continuously writing against mineral and industrial MAFIAs of the Province but this time I came across a LAND MAFIA in my personal case. Case history is described in the following letter addressed to the Head of a Regulatory Authoriy with documentary proofs/ground realities and copies endorsed to all the law Enforcing Authorities, respective Establishment Heads of the Province and even to the Director General FIA Islamabad. I am very confident that if any of the mentioned organization initiate actions right up to its logical end, the same will reveal a biggest scandal of the Province that has put a substantial dent on the Provincial exchequer.

Director/TMO Directorate of West Zone,

Capital Metropolitan, Government (TMA) Town-III,

Circular Road, University Town Peshawar.

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Subject: Complaint against Illicit Construction of a multi-story commercial plaza by M/s Qatar Heights for necessary action and rectification according to the provisions of the Khyber Pakhtunkhwa promulgated law/s.

?Dear Sir

It is reiteratively brought in to your notice that on 19th Aug.2022, the boundary wall, main gate with 30ft. of pathway and sewerage/drainage system of my house located at Danishabad road Khalil Town Board Patak fell collapsed due to illicit construction of a multi-story commercial plaza by M/S Qatar Heights. The matter was reported to the Directorate, West Capital Metropolitan Government (TMA Town 3) being the Regulatory Authority repeatedly for necessary and remedial actions in the matter through several registered letters but no action was taken. Ultimately, I knocked the doors of relevant Court of Law where consequent to arbitration of the then DDI&S (XEN), Mr. Ishraq khan, an agreement was reached between both the parties and the same was submitted in the relevant court of law where the case was decided according to the mutually agreed terms & conditions contained in the Agreement. According to the Court’s decision and the duly authenticated Agreement by the Court of law, M/s Qatar Heights were legally made bound to repair my house up to my satisfaction till 30th April 2023 by also refraining them further damaging my house. Whereas at the moment, by committing gross violations of the law and Court’s orders M/S Qatar Heights have not only denied completion of my house repairs already done by them before the Court’s decision but have additionally endamaged my house. ???

After examining the approved Master Plan and the finalized agreement between the Regulatory Authority and Qatar Height that was issued to me unattested subsequent to my repeated requests after delaying the same for more than 2 years vide TMO letter no: 412-13/D-/I&S/W-Zone/CMGP dated 30th August 2024, it can vividly be established that the Owners and Builders of Qatar Heights are found guilty of committing deliberate gross violations of several clauses of the “Khyber Pakhtunkhwa model building bye-laws, 2017” and “The Khyber Pakhtunkhwa Occupational Safety and Health Act, 2022” from the day one of the start of their construction work by also putting set aside rather negating the “Approved Master Plan of Qatar Heights” and? the “Agreement/Terms & conditions pertaining to construction of Qatar Heights” signed with the Regulatory Authority.

It is also an established fact that the aforementioned gross violations of all the laws and agreements on part of Qatar Heights are not possible without under-table cartel deals with the supervising and authorized officers of the office of Regulatory Authority, i.e. your office which caused deaths of 2 poor human lives and several injured with additional damage to my house in an ill-fated incident that occurred on 4th August, 2024 FIR no 728 Ps Town. Details of the violations/smashing the laws, rules and regulations on parts of Qatar Heights as mentioned above are summarized here as under.

A-? Khyber Pakhtunkhwa model building bye-laws, 2017,

1.??? Clause 4.1 of the “Khyber Pakhtunkhwa model building bye-laws, 2017 Act”.Providing compulsory Open spaces & Allowable covered Areas for Residential and Residential cum commercial Plots is completely violated.

2.??? Clause 4.6.7 and 10.7 of the “Khyber Pakhtunkhwa model building bye-laws, 2017 Act”. Providing stability of the adjacent building is repeatedly being violated duly admitted by the owners, as vetted by respective inspection team of the Town-III administration.

3.??? Clause 4.6.9 & 10.9 of the “Khyber Pakhtunkhwa model building bye-laws, 2017 Act”. Provision for adequate safety measures have also not been established/made by the owners and negligence of the same on part of inspection team of Town-III administration just waiting for the loss of human lives that tantamount to incompetence and deliberate disregard of the law in vogue

B-? Violation of KP’s Occupational Safety & Health Act, 2022

Several clauses of this act are also violated as clearly mentioned in the FIR registered by the local police that the incident of 4th Aug. 2024 occurred due to non-provision of safety measures at the construction site. Furthermore, in addition to the said situation this Plaza being illicitly under construction has been made operationalized for commercial activities consequent to partially materializing 30% of the construction work which is vulnerable for human lives loss and injuries any time specifically under the ongoing continued multi-story construction work. The same is a gross violation of the law that may cause fatal incidences of the same rather more of severe nature than that already on 04th August 2024 at this Plaza.

C-? Violations of the Approved Building Plan & Agreement/Terms and conditions

1.??? In the approved building plan, the lower ground of the building is reserved for Parking while in fact commercial activity is going on in full swing in this under construction building.

2.??? In the approved building plan provision for compulsory open spaces in Upper ground the set back is 10’.2’’ and rare is 8’ but on the ground these are totally absent. Similarly, provision for compulsory open space of both the sides being 5ft in the approved building plan is also totally not been made available.

3.??? As provided in clause 3 of the Agreement/Terms and conditions, the owner is not allowed to build loaded/unloaded projections in the set-back areas while on ground it is the other way around.

4.??? According to the clause 4 & 5 of the Agreement/Terms and conditions the owner is strictly bound to maintain the privacy of the neighbors during execution and even after accomplishing construction of the building but sadly not only the privacy is negated but the safety is also neglected.

5.??? Clause 7 of the Agreement/Terms and conditions is violated to the extent of not following approved structural/sanitation drawings.

6.??? Clause 9, 11, 14 & 15 are violated and as evident on the site.

7.??? Clause 16 of the Agreement/Terms and conditions provides that the owner is accountable and bound to cover all the damages to the surrounding property in case on any mishap during execution of the project, whereas in denial of the same, the owner is continuously causing more and more damages to the neighbors.

8.??? Clause 17 of the Agreement/Terms and conditions provides that in case of failure of any condition, the approved plan will be cancelled / withdrawn and the building also demolished on the risk and cost of the owner.

The aforementioned list of gross violations and deliberate breach of several clauses of the promulgated laws in vogue as well as the agreement/terms and conditions finalized with the Regulatory Authority on part of M/s Qatar Heights vividly and very loudly speak of disciplinary action/s obligatory to be taken by the Regulatory Authority which at the outset must be stoppage of their illegal construction work and sealing off the plaza for operationalization of commercial activities of whatsoever nature till completion of their building according to the provisions of ?the approved master plan. But surprisingly any action/s as required under the law and mandatory upon the Regulatory Authority are so far denied in spite of several periodical Registered letters pointing out the same submitted to the relevant quarters periodically.

Hence in the larger Public interest in general and specifically the rights provided to me by the Constitution of Islamic Republic of Pakistan, the Regulatory Authority is once again appealed to fulfil its obligatory duties by taking necessary actions as clearly defined in its schedule of powers against M/S Qatar Heights Mafia for their ulterior motives that will also cause to prevent the potentially arising Law & Order situation in the area.

Thanks & Regards

s/d

Muhammad Yaqub Shah

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C.c. ?For information and their respective necessary action as per provisions of the law/s.

1.??? Special Assistant to the Chief Minister Khyber Pakhtunkhwa.

2.??? Chief Secretary Govt. of Khyber Pakhtunkhwa, Peshawar.

3.??? Inspector General of Police, Khyber Pakhtunkhwa, Peshawar.

4.??? DG FIA-FIA Head Quarters, Govt. Of Pakistan, Islamabad.

5.??? Commissioner Peshawar.

6.??? Secretary Establishment Civil Secretariat, Peshawar.

7.??? Secretary LGE&RDD-C&W, Civil Secretariat, Peshawar.

8.??? Secretary LCB, Hayatabad-Peshawar.

9.??? Chairman-Local Government, Civil Secretariat, Peshawar.

10.? DG Anti-Corruption Hayatabad-Peshawar.

11.? Dy. Commissioner Peshawar.

12.? Chief Engineer LCB, Phase 7 Hayatabad Peshawar.