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Appeal No 2099-08/22 & 2157-08/22 Ali Abbas Khan Vs Capital Development Authority & Federal Investigation Agency

The Respondent-1, CDA has submitted before this commission that “the said inquiry was conducted by the FIA so full details of the investigation may be sought from the said agency”.

This commission holds that the records available on the file suggests that the Respondent-2, FIA closed the enquiry and the matter was transferred to CDA to conduct any enquiry, if needed with all the relevant records. This means that final action, if any, on this enquiry has been taken by the Respondent-1, CDA and it is the custodian of this enquiry report.

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Order on Appeal No 2034-06/22 Sharafat Ali Zia Vs Capital Development Authority

The appellant in the instant appeal has requested the Capital Development Authority for yardstick applied to determine the requirement of non-executive members of CDA Board and necessity of keeping such number at four and Criterion (of qualification/ experience etc) adopted for making selection/ appointment of non-executive members currently in position in a transparent manner and how far did           they meet that             criterion;

The appellant also asked to the Financial perks and other benefits (e.g plot etc) admissible to non-executive members of CDA Board along with the ones actually drawn by them since appointment till now.

The record on the file shows that respondent has provided the complete requested information except information requested in Para-v of the information request dated June 10, 2022.

The Respondent is directed to provide the remaining information to the appellant.

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Order on Appeal No 2199-09/22 Rana Abrar Khalid Vs Capital Development Authority

The appellant in the instant appeal has requested information about the approval of the multi-story commercial building “Al Safa Arcade II” situated at Sector F-11 Islamabad.

This Commission in an order on “Appeal No 1014-04-2021 Nadeem Umer Vs Cantonment Board Rawalpindi” has maintained that “the requested information is related to the commercial buildings therefore the record sought by the appellant is one of public importance and interest for the public at large. Keeping in view the spirit of the act for upholding the transparency the sort of information is mandated to be published and displayed as required under section 5 of the Act.

There is no cavil in holding that the information and record pertaining to the approved maps and layout plan of the commercial buildings must be made available by the Board on the website as well as on the notice board of the office and at the site to the access of the general public.”

It is pertinent to mention that Cantonment Board Rawalpindi, in compliance of the above mentioned order of the Commission has shared the all approved maps of the commercial buildings situated in their jurisdiction of the website.

Appeal is allowed. Secretary (CDA Board), Capital Development Authority is directed to provide requested information to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order.

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Order on Appeal No 1413-10/21 Muhammad Jamshaid Shahid Vs Capital Development Authority

The appellant asked the Capital Development Authority for information regarding Why so long the bidding lessee of Rawal Lake View Park (Fun and Joy) is pending? When will the fresh bidding for said park are will be conducted? and when this bidding will announce?

This commission holds that in the instant appeal the public body has addressed all the questions asked by the appellant in his information requested.

The appeal is dismissed with no further directions to the public body.

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Order on Appeal No 1560-12/21 Sharafat Ali Zia Vs Capital Development Authority

The appellant has requested detailed profile of the site / plot that was earmarked / reserved for bank along with other amenity / commercial sites /plots while finalizing / approving the Layout plan of Model Village Chak Shahzad (Shahzad Town).

This commission holds that in the instant appeal the public body has addressed all the
questions asked by the appellant in his information requested.

The appeal is dismissed with no further directions to the public body.

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Order on Appeal No 1967-06/22 Raja Shabir Khan Vs Capital Development Authority

This commission maintains that the records pertaining to transfers/sales of plots are public records though these records may contain some private information which can be easily withheld while making these records public.

As the government collects taxes on the sale/purchase of these plots, citizens have the right to know whether these plots are sold according to the market value, or, plots are sold below the market value for the purpose of tax evasion.

This commission has observed that public officials have limited understanding about right to privacy when juxtaposed with the right of access to information held by public bodies. Privacy/personal information is understood to be, broadly speaking, information/data pertaining to access control (username and/or password), financial information such as bank account, credit card, debit card, or other payment instruments, and, passports, biometric data, and physical, psychological, and mental health conditions, medical records, and any detail pertaining to an individual’s ethnicity, religious beliefs etc.

The Act, 2017 envisages a situation wherein a document, which should be otherwise be made public but its parts may contain private information. In such an eventuality, the part containing private information can be severed from the document as mentioned in Section 16 (1) (i) of the Act, 2017 and the rest should be made public.

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Order on Appeal No 1897-05-2022 Khadija Saqib Rashid Vs Capital Development Authority

The appellant in order to seek her legal remedies has sought the certified copies of final orders of the Chairman CDA pertaining to the Letters dated 17-03-2015 and 02-07-2015.The requested information and record is public record as defined under the Act.

Every citizen deserves to protect his property and for that end the access to the requested information is preferential constitutional right guaranteed under the Constitution of Pakistan.

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Order on Appeal No 1370-10/21 Sharafat Ali Zia Vs Capital Development Authority

In the instant appeal, the citizen has requested Capital Development Authority for information regarding Amount of funds spend on sinking/ construction of said tube-well located at the inter-section of Street No. 1 and Street No. 18 of Shahzad Town along with expenditure incurred on laying pipelines in streets to provide water to the Town residents from the said tube-well.

He also requested Particulars of the Contrator(s) engaged for sinking/ construction works of the said tube-well along with providing a copy of work order(s) issued to him/ them;

The respondent submitted partial information which was shared with the appellant, but he was not satisfied with the response / information provided by the CDA.

This Commission has directed the Secretary, Capital Development Authority (CDA) to provide the complete information to the appellant within 10 working days.

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Order on Appeal No 650-10/20 Sharafat Ali Zia Vs Capital Development Authority

The appellant Sharafat Ali Zia requested the Capital Development Authority for Detail of amenity plots including plots for mosques, schools, community center, grave-yard, play-ground, hospital/ dispensary, market, bank, post office, enquiry offices of service-providing agencies like CDA/MCI, IESCO, SNGPL, PTCL, bus/wagon stand etc., along with size of each plot provided in the approved lay-out/ development plan of Model Village Chak Shahzad (Shahzad Town) Islamabad

Pakistan Information Commission in this order has held that the requested information is public record under the Right of Access to Information Act, 2017. Therefore the appeal is allowed. Secretary, CDA Board / Public Information Officer, Capital Development Authority is directed to provide complete requested information to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

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Order on Appeal No 1246-08/21 Saddia Mazhar Vs Capital Development Authority

In the instant appeal the Appellant Ms. Saddia Usman requested the Capital Development Authority to provide list of the properties / land owned by the Capital Development Authority and List of the properties / land given to the Non-governmental organization / private organization on lease or rent.

The Commission expressed concerns over the non-serious behaviour of the Respondent, as despite committing multiple times the provision of the information to the appellant during the hearings held in Pakistan Information Commission, the public body is reluctant to provide the requested information to the appellant.

Appeal is allowed. Secretary, CDA Board / Public Information Officer, Capital Development Authority is directed to provide complete requested information to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

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