ISLAMABAD: The Supreme Court on Wednesday directed the Sindh government and Malir Development Authority (MDA) to conduct a survey with pictures and Google map of the land which is under the control of Bahria Town Karachi with further direction that the Bahria Town management should be informed about the day and date of survey as well.
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 heard cases earlier heard by the implementation bench related to Bahria Town, Karachi, Rawalpindi as well as New Murree.
The court also directed that during the survey it should also be taken into account as to how much public, private land, including that of National Park and forests, is under the control of the Bahria Town.
The court also directed to provide the counsel for Mashriq Bank, details about the transaction of money came from abroad and directed the Bank to inform it as to from which account holder, the money was transferred to Supreme Court account.
When the name of the account holder came to surface, the court then issued directives to issue notice to the account holder.
During the course of hearing, the court asked Salman Aslam Butt, counsel for Bahria Town, to seek instructions from his client as to whether he would represent his client only or his family members as well in the instant matter.
The court also directed to fix the petition filed regarding the possession of land of National Park by Bahria Town with the main case and adjourned further hearing until November 23.
The court also directed to fix with the main case, the petition filed regarding 190 million pounds, transferred from England.
Earlier, at the start of hearing, counsel for Mashriq Bank pleaded for providing the details about the amount came from abroad through his client bank.
During the course of hearing, the counsel for Bahria Town again repeated that in pursuance of the court’s order, the required land was not transferred to the management of Bahria Town. On last hearing he had requested the court to reassess the amount for 11,747 acres of land allotted by the MDA to it against the required 16,896 acres for its Super Highway project in Malir District, Karachi.
CJP Isa asked the counsel as to whether his client was ready to pay the amount as per settlement. The counsel replied that they have filed a CMA before the court seeking reassessment of the amount for 11,747 acres of land allotted by the MDA to it against the required 16,896 acers for its Super Highway project in Malir District Karachi, adding that if the reassessment is done, they are ready to pay the amount.
“We are ready but first we should be ensured provision of required land of 16,896 acres,” Salman Aslam But told the court.
The chief justice questioned as to whether the judgement delivered by the Supreme Court is above the law at which the counsel replied that the apex court under its jurisdiction could implement its judgement.
The counsel said that various judgements of the apex court are in field wherein the court has held that the agreement should not be violated.
He further submitted if it is taken as per the Constitution, the judgement of the Supreme Court was not right.
The counsel reminded the court that the MDA on November 6, 2023 in a CMA has admitted in writing that the required 16,896 acres for its Super Highway project in Malir District, Karachi, along with outskirts limits wherein only 12,237.5 acres of land was for Bahria Town Karachi development while the rest of the land will be utilised for utilities, big roads and nullahs etc.
The CJP observed that decision pertaining to the price of the land was made with the consensus of the parties. He asked the counsel as to if the required land was not provided then he can file an application with a proper forum.
Justice Athar Minallah observed that the court cannot change a single word of the earlier judgement, adding that in courts affairs, the implementation of judgement is very much unique.
Salman Aslam Butt again repeated his earlier stance by submitting the land which was given to Bahria Town at Rs27.2 million per acre was provide to the other builder at a rate of Rs0.1 million.
“This is clear-cut discrimination,” the counsel contended.
The chief justice observed that the court will not look into this point, adding that for the purpose which this point was raised, served as well, adding that the media has highlighted it as well.
“Our job is not to make trade while sitting in the court,” the CJP remarked and asked the counsel as to whether he had made a good or bad business, this was his responsibility.
The counsel for Bahrai Town submitted that as per settlement, his client was not provided the required land hence the court should reassess the price of the amount for 11,747 acres of land allotted by the MDA to it against the required 16,896 acers for its Super Highway project in Malir District and then order for making the payment.
During the hearing, the chief justice remarked that it seems the Sindh government and the Bahria Town have become friends, adding that the a part of amount deposited in the Supreme Court account came from the Bahria Town while another came from abroad.
He said that earlier the MDA and the Sindh government separately claimed the amount but now there is a consensus between them that the money should go to the Sindh government.
Justice Isa asked if the MDA had given all the approvals required to the Bahria Town.
To this MDA counsel Farooq H Naek said that the approval was given as per 16,896 acre layout plan.
Justice Athar Minallah observed that the real question is that as to how the state land was sold without bidding.
“In order to escape NAB action, the court’s help was sought but now the judgement of the court is being considered as a piece of paper,” Justice Minallah remarked.
The judge observed as to if this is the stance of Bahria Town then let the NAB should deal with this.
CJP Isa observed that Bahria Town did not give a single penny from its pocket but this was the money of public who had purchased the plots.
During the hearing, a petitioner’s counsel Barrister Salahuddin told the court that Bahria Town is situated at the heart of Sindh and Balochistan alleging that the housing project had taken into possession over 40,000 acres of land, including National Park.
“Where is the Sindh government and whether there is a rule of law in this country”, Justice Minallah questioned.
Meanwhile, the court directed Sindh advocate general to provide map with the signatures of member revenue and deputy collector after conducting survey of the land, taken into possession by Bahria Town and adjourned further hearing until November 23.
