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Tuesday May 07, 2024

CJP urged to take notice of discrimination against Bahria Town

Management submitted, “If so, we would request CJP to take suo motu action on this behalf so that like be treated alike"

By Sohail Khan
October 18, 2023
Chief Justice of Pakistan (CJP) Qazi Faez attends QAU syndicate meeting in Islamabad on September 22, 2023. — X/@QAU_Official
Chief Justice of Pakistan (CJP) Qazi Faez attends QAU syndicate meeting in Islamabad on September 22, 2023. — X/@QAU_Official 

ISLAMABAD: The management of Bahria Town on Tuesday requested Chief Justice of Pakistan (CJP) to take notice of discrimination being meted out to it in connection with land sold to it on higher rates than the land sold to other societies.

A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Amin-ud-Din Khan and Justice Athar Minallah will take up today (Wednesday) cases heard by Implementation bench related to Bahria Town, Karachi, Rawalpindi as well as New Murree case.

In a CMA filed through its counsel Salaman Aslam Butt, the Bahria Town management cited para 18 of the judgment that says the court has been told that the government land has also been allotted to many other societies on cheaper rates as compared to the rates in this case.

The management submitted, “If so, we would request the Chief Justice of Pakistan to take suo motu action in this behalf so that like be treated alike.”

The Management submitted that the Supreme Court, through its judgment dated May 4, 2018 in CMA and the Implementation Bench Order dated March 21, 2019, Bahria Town has been required to make payment of an aggregate amount of Rs460 billion being consideration for leasehold rights in land measuring 16,896 acres designated as Bahria Town Karachi.

Accordingly, per acre consideration of the said land works out to Rs27.2 million, the management informed the court.

The court was informed that official document forming part of public record shows that a top housing authority in Karachi has been allotted about 19,640 acres of land in Deh Kathore and the adjacent Dehs of Bayal, Abdar and Khadeji for a consideration of Rs100,000 per acre, aggregating to total consideration of Rs1.96 billion for 19,640 acres.

From a bare comparison, it is apparent that there is a staggering difference of over Rs458 billion between the land being leased/allotted to Bahria Town and the land being leased to the referred society, despite the fact that both the lands are similarly placed and located in similar/adjacent areas of Malir Development Authority,” the application added.

The Management of Bahria Town further submitted the salient terms of the land leased/allotted to the society and the land of Bahria Town Karachi, per the available official documents forming part of public record are compared, contending that the society in question was given a total of 19, 640 acres for Rs1,964,062,500 at the rate of Rs 100,000 per acre on 99-year lease. On the contrary, the management stated, Bahria Town Karachi acquired 16,896 acres for Rs460,000,000,000 at Rs27,225,378 per acre on 99-year lease.

“With a staggering difference of over Rs458 billion in the price vis-à-vis similarly placed entity, Bahria Town is being discriminated against and put at a serious disadvantage”, the management of Bahria Town contended.