SHC restrains NAB from releasing any money from Fazaia Housing Scheme’s attached accounts

The Sindh High Court (SHC) on Thursday ordered that the National Accountability Bureau (NAB) shall continue its process of inviting claims of the affected people of the Fazaia Housing Scheme (FHS) and their verification; however, no money from the accounts that have been attached shall be released till the next date of hearing.

The direction came on a high court appeal pertaining to a high court single judge order with regard to the criteria for the refund of the FHS affectees’ claims. The SHC’s division bench had earlier suspended the single bench order pertaining to the refund on high court appeals filed by the private builder and directorate of estate projects.

The directorate of estate projects and private builder of FHS had filed appeal against the SHC’s single judge order that issued directions to an official assignee of the court for disbursement of the funds to the affected people of the FHS. The SHC single bench on the lawsuit of affected people had directed private banks to provide complete details of official assignee of the court and transfer all funds to official assignee accounts for further disbursement.

A counsel for the affected people submitted that private builders and NAB had obtained the court order through misrepresentations and in actually it was an order obtained through collusion of two parties to the detriment of those who were allotted plots in the scheme. They submitted that the SHC’s single judge order which was suspended by the high court’s division bench was passed on the application, which did not include the application seeking de-attachment of the bank accounts of FHS.

They submitted that the collusion between NAB and private builder Maxim properties was evident from the fact that on June 22, NAB has published an advertisement in the press in which the orders of the court had been misrepresented and through which advertisement claims from the allottees had been invited.

They submitted that none of the actual allottees of FHS had been called by NAB in connection with their claims and to the contrary, they expressed apprehension that under the garb of the various orders passed by the court, money from the accounts of the FHS would be disbursed to the persons who were not allottees of the project and who had absolutely no claims.

The SHC division bench headed by Justice Omar Sial issued notices to the private builder, NAB and the directorate of estate projects for July 22 and in the meantime ordered that NAB shall continue its process of inviting claims of the affected persons of the FHS and their verification; however, no money from the accounts which have been attached shall be released till the next date of hearing.

Earlier, the SHC had also halted the inquiry or investigation with regard to the FHS as the private builder and directorate of estate projects agreed to refund all the money and liabilities to the allottees of the project within six months.

The private builders and directorate of estate projects had filed their affidavits and agreed to refund all the money and other liabilities to the allottees of the project within six months who had paid substantial amounts of money in respect of their plots in the project.