The Supreme Court of Pakistan has reserved its decision on the use of funds received from Bahria Town and re-survey of the land.
The Supreme Court has said that it will ask the Survey of Pakistan to submit a new report on the alleged occupation of excess land in Karachi by the private residential society Bahria Town.
On Monday, June 29, the Supreme Court heard the case regarding the implementation of the court decision regarding Bahria Town Karachi, during which the court took notice of the complaints regarding the alleged occupation of more land.
Justice Faisal Arab is presiding over a three-judge bench hearing the case related to Bahria Town, the country’s largest housing construction company.
The head of the bench questioned the lawyer of Bahria Town as to how much money he had deposited in the Supreme Court in the light of the court order, to which the lawyer of Bahria Town said that his client had deposited money in addition to installments. ۔
He said that more than Rs 57 billion has been deposited in the account of the Supreme Court so far.
Bahria Town’s counsel said that in view of the situation under Code 19, we have requested for relief, to which the head of the bench remarked that it was premature.
Justice Faisal Arab questioned the lawyer of Bahria Town as to why he had deposited more money than the installments, about which the lawyer of Bahria Town Ali Zafar could not give any explanation.
The head of the bench remarked that there were reports on social media and print media that the Bahria Town administration had retained more land than allotted.
Barrister Ali Zafar told the court that 16,896 acres of land had been allotted to Bahria Town and that the land had not been fully handed over to Bahria Town.
He said there was no factual talk on social media and he would file a separate reply.
He said that instructions should be given to the Sindh government to hand over the remaining land to Bahria Town.
The head of the bench remarked that why not conduct a survey on the issue. The court said other agencies, including SPARCO, would be directed to submit a report on how much land Bahria Town owns.
Justice Faisal Arab said the court wanted to see if Bahria Town had more land than allotted.
Attorney General Khalid Javed requested that if the Supreme Court orders a survey, federal agencies should be included.
He said that the amount deposited by Bahria Town should be given to the federation under Article 78 and a petition in this regard has already been filed in the court.
The Advocate General of Sindh appeared in the court through video link and said that it was suggested to form a committee at the last hearing. He said that there was strong objection to the formation of this committee and the involvement of the federation in it.
The Advocate General of Sindh said that whenever the province sells its land, the province has the right to its income. He said that the presence of Secretary Planning in this committee was incomprehensible. He said the committee also had reservations about a federally nominated citizen.
The head of the bench suggested that if the bench orders the citizen to join the committee as a representative of the federation, the parties would have no objection, to which the Attorney General and Advocate General Sindh agreed with Justice Faisal Arab.
In his arguments, the Advocate General of Sindh said that the province should have the authority to decide which development plan to make in the province and not the federation.
Justice Ijaz-ul-Ahsan, who was present in the bench, remarked that the court would keep Sindh’s point in mind while making its decision.
Justice Faisal Arab remarked that the interest rate was falling day by day and therefore the court wanted the money to be used properly.
Justice Ejaz-ul-Ahsan remarked that the money received with reference to Bahria Town could not be used for ongoing projects and this principle would apply to the federation and the province simultaneously.
The Sindh Advocate General said that the federation has not yet paid Rs 334 billion in NFC award, on which the head of the bench remarked that the federation and the province should keep their differences away from the case.
Justice Ijaz-ul-Ahsan said that recently the Auditor General had mentioned scams worth billions of rupees in various projects in the federation. He said that there would be no court in the battle between the federation and the province.
The court reserved judgment on the use of money received from Bahria Town and re-survey of the land