Supreme Court to decide settlement of illegal land swap benefiting Bahria Town Karachi
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The Supreme Court on Thursday dropped the review petitions filed against its May 4 judgement barring Bahria Town Karachi from selling any plots or constructed apartments after they were withdrawn by the petitioners.
The petitions were withdrawn after the court said it would form an implementation bench to oversee the implementation of the previous judgement.
The court separately directed the National Accountability Court (NAB) to continue proceeding with its investigation in the case, also directed in the earlier judgement, on its merits.
Headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, a five-judge larger bench had taken up petitions seeking review of the court’s May 4 judgement, which had barred the Bahria Town Karachi from selling plots or built-up apartments in the scheme it had launched in the city and directing a settlement of lands it had acquired under a swap with the Malir Development Authority (MDA). The verdict had held that the transfer of land between the MDA and Bahria Town Karachi had been illegal.
During the hearing, the CJP offered to form a bench for the implementation of the earlier judgment if the petitioners agreed to withdraw their applications. The top judge assured that the special bench will give an "efficient and timely" decision on the matter.
Justice Nisar remarked that he himself is impressed by the work done by Bahria Town and that "there is no other project like [it] in Pakistan", but made it clear that there could be no compromise over the illegalities conducted in the acquisition of land.
Barrister Aitzaz Ahsan, who was representing the residents and owners of Bahria Town Karachi real estate, suggested that the court form an implementation bench and determine how much money the developer has to pay to the Sindh government as a differential amount for the transfer of prime lands to it by the MDA.
The court subsequently closed the matter after Bahria Town, residents, property dealers and the Government of Sindh withdrew their review petitions.
The CJP said that the implementation bench will conclude the case as soon as possible and until then, the amount submitted by Bahria Town in the court as a guarantee will remain deposited.
He also made it clear that the apex court will not interfere in an inquiry initiated by NAB into the matter.
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Comments (36) Closed
Oct 11, 2018 06:53pm
One down and more to Go...Great going SC of Pakistan...
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Oct 11, 2018 07:25pm
If a property builder was developing land which was the home of large lizards ever since and was only benefiting the quacks making and selling Spiny Lizard Tail Oil since ages, what was the harm if Bahria had started a large beautiful satellite city project? All were happy and rules could be made for the benefits of people. Just like making innumerable changes in CDA's Islamabad Master Plan and rules.
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Oct 11, 2018 07:42pm
Malik Riaz should pay the government the market rate for the land that is disputed. This matter should be resolved as soon as possible and building work should be expedited because at the end of the day it is normal every day folk who have invested their hard earned money into this project who are suffering. The Supreme Court should monitor the development work going on and ensure that customers get possession on time.
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Oct 11, 2018 07:50pm
If sindh government and real estate agents or buyers has no problem with Bahria Town so what is the problem with court or NAB. Cj admits there is no project like it in entire Pakistan especially this affordable prices. Overseas Pakistanis were investing big in it and now it all stopped. This land was worth less and way out of city , no one was investing in it. Malik Riaz changed all that. He build something for middle class to be proud off. Unfortunately what is happening with this company who delivered better than our thoughts getting punished. If cj or NAB is so desperate for money fined them reasonable amount which company can pay. Cj or NAB need to remember 55 thousand jobs, most affordable housing scheme and all the money is invested in Pakistan, overseas investors in the project is all at stake before making any decisions.
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Oct 11, 2018 08:07pm
Any check or balance? Is Zardari owns all land in the province of Sind?
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Oct 11, 2018 08:13pm
As long as they pay full tax, let them continue this project which increases tourism, employment and industrialization.
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Oct 11, 2018 08:23pm
Dear M. Saeed and Javed, shame on you, here is some background reading: https://www.dawn.com/news/1252809/bahria-town-karachi-greed-unlimited
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Oct 11, 2018 09:42pm
problem creator is full of money, and the solution is money
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Oct 11, 2018 09:46pm
@M. Saeed - You shamelessly condone illegal acts!
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Oct 11, 2018 09:51pm
Malik Riaz will be given a clean chit, he is too powerful and well connected to be convicted.
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Oct 11, 2018 10:17pm
SC doing a terrific job. Malik Riaz has taken alot of money from the people...its time he pays his dues. I feel sorry for the citizens who invested their hard earned money. I hope they are shielded from the verdict.
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Oct 11, 2018 10:19pm
Whatever money we get from Malik Riaz as per court order must go for Dam construction and not to Sindh government as the recovered money will be plundered again.
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Oct 11, 2018 10:27pm
Land exchange is a well established practice in Pakistan and legally covered. It is part of laws formulated in late 1800s and still in practice. To enforce any judgment, law will have to be amended and since 18th amendment these matters fall in provincial cadre of government. So good luck enforcing change in Sindh, the playground of PPP and MQM.
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Oct 11, 2018 10:30pm
@Hasan exactly. Compromise is a disease thats eating this country at every level
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Oct 11, 2018 10:41pm
@Hasan Very well said. These paid agents of this head of land grabber Mafia who has resources to buy favors - be it unscrupulous media, his henchmen planted in public institutions, political hierarchy, general public, to create an impression that an angel is facing the wrath of SC and above NAB. If this guy is so virtuous & a nation builder why he was making pleas to stop NAB’s inquisition into its illegal activities,where public land belonging to low cost housing & other dewellers living for centuries was grabbed/exchanged for useless, barren, uneven land in pieces at Baluchistan / Sind border. The rabbit has come out of the hat, & either he has to cough up those billions by selling land acquired by paying almost nothing or Incase he fails to do so,these assets should be seized & aunctioned to recover lost resources. In addition, those who hatched & executed these fraudulent exchanges of public property must be punished so that it proves to be a deterrent for other who may follow suit
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Oct 11, 2018 10:45pm
The Grand judge should be aware that the nation is watching. The justice which has been negated to the victims of Malik Riaz sahib, be it individuals or the Sindh provincial government should finally be delivered in its true sense. The market value of the land should be charged, not a penny less than that.
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Oct 11, 2018 10:53pm
I wonder who is getting richer or who is going to get richer?
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Oct 11, 2018 10:59pm
A theft is a theft and the property does not belong to the anyone but the original owner.
Therefore the decision of May 4 is a very well thought out decision, considering third party involvement.
Well Done SC. May the rule of law prevail.
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Oct 11, 2018 11:39pm
The builder must pay the differential amount to Sindh Govt Exchequer, as well as to the investors in plots, and also 1/3rd to Dam building fund.
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Oct 12, 2018 12:10am
@Amir Siddiqui. very much so. The land belongs to Sindh and Sindh belongs to Zardari and his clans.
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Oct 12, 2018 12:32am
This land became valuable after jungle was converted into a modern city.
There are many families who invested their life savings in Bahria Town because non of the government was able to provide citizens safe and healthy environment in largest city of the country.
No problems in Punjab but when it comes to Sindh....
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Oct 12, 2018 01:32am
@Syed Make no mistake..That time is bygone era...
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Oct 12, 2018 02:07am
@M. Saeed The land was not occupied by lizards. It belonged to over 400 villages, which were destroyed and their residents forced to move out (or possibly killed) by criminal gangs protected by PPP and the land mafia.
Too bad the villagers couldn't afford high powered lawyers like Aitzaz Ahsan to defend them.
Incidentally, Aitzaz Ahsan has a nose for crooks. He never met a criminal he didn't like and defend (for the right money, of course).
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Oct 12, 2018 03:19am
@Reality that's all your group wonders..
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Oct 12, 2018 05:17am
Can you take notice of DHA valley Islamabad as well please? Many people like me were suppose to given possession in 2011 and are still waiting even after paying all the instsllments and charges. Is anyone listening or shall I worn my children never to invest in this country?
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Oct 12, 2018 05:18am
According to Euro monitor , Karachi will have 50 percent of Pakistan’s urban population by 2050 . Where will these people be adjusted . How many housing societies are needed . There is a huge influx of people looking for work . Due to poor road network , all business men prefer having industries in areas like norriyabad where land is cheap and port city is near . This is a good business thinking by Malik riaz that he developed this barren land before industries are setup in this area . I think it’s injustice to this man , to people who have houses and plot there and to common citizen of Karachi . Of land was swapped than it was swapped under prevailing conditions not when industries start setting up in nooriyabad. I think this time it’s an overkill.
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Oct 12, 2018 07:57am
Why suck a poor country has posh western style living quarters for the corrupt and mafias that they prey on the poor and the destitute, where most of the population is struggling to meet ends every day, Pakistan is NOT a rich country, the least amount of people pay tax or NOT bothering to file we must expand the tax base from 1% to 17%, simple one page filing tax as per the National Card number.
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Oct 12, 2018 08:06am
Malik should deposit the difference as per current market rate to Govt. Of Pakistan not to Sindh govt. and complete the deployment work as per commitment asap. CJP should take a look to other areas of Karachi as well... Still the illegal building construction is in progress under SBCA shelter.
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Oct 12, 2018 09:18am
@M. Saeed You need to review your Value System and MORAL values you have been taught
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Oct 12, 2018 09:21am
Malik Riaz and Bahria Town are not the only beneficiaries of the largesse granted by the previous governments by allotting huge quantities of lands. Others who have acquired lands in any way during the past many years should also be investigated and made to pay for their actions which have caused massive losses to the people in general.
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Oct 12, 2018 09:39am
What about the govt. agencies who let this all happened, and now only the bribe giver is facing the heat?
Those who took bribes in tons should be pulled out of their holes and their assets checked and should be punished in a befitting manner, so that no one dares to let such huge projects build on the forged land deals.
As far as the current value of this land concerned,it is because of the development work done, from the publication money and they should get the benifit ofvinvesting in such huge long term projects.
If this project is damaged on the plea that the entire system was corrupt hence the huge project developed on hard earned public money is wasted, no one will ever dare to invest in Pakistan for a very long time.
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Oct 12, 2018 10:53am
Indeed it's a reasonable decision.
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Oct 12, 2018 11:13am
everyman has a price Bharia will find the price and pay everyone off.
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Oct 12, 2018 11:31am
What is the sin of private investors? How to make investments in such uncertain situation? Honourable CJ, must know the disturbing situation, that private investors are suffering.
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Oct 12, 2018 05:47pm
I feel this is all a sham to legitimize the illegalities of Bahria Town once and for all. As Malik Riaz has said everyone has a price.
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Oct 13, 2018 07:51am
The problem is how and why MDA has given the land. The fact is people from rich to poor have invested there money in bahria town. Ask MDA and not Bahria town.
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