ISLAMABAD: Unimpressed by the welfare projects and religious services of Bahria Town, Chief Justice of Pakistan Mian Saqib Nisar on Tuesday observed that the Supreme Court could not allow land grab in the country.

Hearing a review petition against the May 4 judgement of the apex court in which it had banned Bahria Town from selling any plot or constructing apartments in its housing scheme in Karachi, a three-judge SC bench headed by the CJP ordered the owner of the real-estate development company, Malik Riaz, to furnish in two weeks Rs5 billion before the court to show his commitment to resolving the issues relating to the exchange of government lands for the development project.

The court also dropped hints to attach the property of Mr Riaz. But the Bahria Town owner, who himself appeared before the court, requested it not to do so, saying that it could be used against him. He explained that he owned no property except one in the name of his wife.

Malik Riaz ordered to furnish Rs5bn before court

Earlier the court proposed to Mr Riaz to deposit Rs20 billion, but on his insistence, the amount was reduced first to Rs10 billion and then to Rs5 billion along with all the property documents and an undertaking that he would not sell any of his assets pending the current case. The property tycoon has also been barred from initiating any new Bahria Town project.

In its judgement, the apex court had declared the grant of land to the Malir Development Authority (MDA) by the Sindh government, its exchange with the land of the private land developers — Messers Bahria Town — and anything done under the provisions of the Colonisation of Government Land Act (COGLA), 1912 by the Sindh government as illegal, void ab-initio and as such of no legal existence.

Thus the government land would go back to the government and the land of Bahria Town exchanged for the government land would back to the real-estate development company, the judgement had said.

Subsequently, Bahria Town through its counsel Barrister Aitzaz Ahsan moved the review petition with a plea to suspend the judgement of the apex court. The company also sought a direction for the National Accountability Bureau (NAB) to not pursue corruption references against its owner.

In its judgement the SC had ordered NAB — which had earlier initiated an inquiry into the matter — to pick up the thread from where it had left and take its investigations to its logical end.

The bureau was also required to complete further probe in a period of three months from the date of the announcement of the judgement. Besides, NAB will have to move a reference before the accountability court concerned against all those found responsible for causing losses to the national exchequer.

While pointing towards Mr Riaz’s counsel, the chief justice observed that though he was not referring to his client but the court could not appreciate welfare work, charity, religious services and development of the housing scheme by acting like Robin Hood who used to rob the rich only to help the poor.

Mr Riaz tried to explain his position by stating that he had always endeavoured to usher a third world country like Pakistan into the first world through development projects of world standards.

He offered to pay any amount the court suggested but also requested not to burden him beyond his capacity since Bahria Town had provided jobs to 22,000 employees, besides he was suffering with cancer.

He said he was confident that the court would not issue any order that might affect people who have plots in the development scheme and the employees working for the company.

He highlighted that though the country had been facing the worst-ever loadshedding for many years Bahria Town was providing uninterrupted power supply to its residents.

He said he was invited in Qatar to develop football stadiums for the 2022 world cup and in the United Arab Emirates to launch housing schemes, but preferred to work for Pakistan.

He enumerated a number of welfare works initiated at Bahria Town, like the development of world standard hospitals, zoos, entertainment arenas like cinema halls, swimming pools, green valleys, dancing floors and educational projects.

Mr Riaz said Bahria Town had developed a city at a place which had become centre point for the sale of illegal weapons and drugs.

Violation of order

The court was also not happy over violation of its order in the judgement by Bahria Town by opening up a separate bank account to collect outstanding payments.

In its judgement the SC had ordered the additional registrar of the Supreme Court at its Karachi registry to open a special account where the outstanding amount against the allotments be deposited. The entire outstanding amount against allotment of plots, apartments, commercial buildings etc would henceforth be deposited by the allottees with the additional registrar of the Karachi registry through pay orders, demand drafts or cross-cheques.

The court also expressed its dismay over the construction of a multi-storey building by Bahria Town in Clifton, Karachi, despite a ban on the construction of high-rise building in Karachi by the apex court earlier.

However, Mr Riaz’s counsel argued that the ban on high-rise buildings was imposed after the construction of the company’s building was completed.

Published in Dawn, June 27th, 2018