ISLAMABAD: The Supreme Court on Wednesday ordered a survey of Bahria Town Karachi (BTK) to determine the allegations of encroachment upon the forest and private land.

An apex court bench comprising Chief Justice of Pakistan Justice Qazi Faez Isa, Justice Aminuddin Khan and Justice Athar Minallah issued the order while resuming the hearing of the case.

Earlier, an SC implementation bench had on March 21, 2019 accepted the developer’s offer to pay Rs460 billion for the purchase of the land measuring 16,896 acres in the Malir Development Authority (MDA) but with certain terms and conditions.

On Oct 20 this year, the Supreme Court noted that “only Rs60.72bn out of Rs460bn was paid. Even out of this payment, Bahria Town paid only Rs24.26bn”.

Asks Suparco to assist Sindh govt; Malik Riaz’s lawyer seeks ‘reassessment’ of payment deal

On Wednesday, Salman Aslam Butt, the counsel for Bahria Town owner Malik Riaz, informed the court that some 12,000 acres are in possession of the BTK whereas the housing society established amenities on over 4,000 acres.

He requested the court for a “reassessment”, saying that since the housing society is in possession of 12,000 acres instead of 16,896 acres, it was not financially viable to pay Rs460bn as the project’s viability was affected adversely.

Justice Minallah observed that the housing society had earned profit on 12,000 acres and never conducted a forensic audit from the Federal Board of Revenue (FBR). He also questioned the manner in which the land was allotted to Bahria Town, saying the state land could be given to the private entities only through auction.

The counsel pointed out that the provincial government had allotted land to another real estate entity in comparatively low rates.

“The court does not know the trading; it’s your job, and you are responsible for the any good or bad deal. Now your plots are not being sold and you are insisting on a reassessment,” CJP Isa told the counsel.

Justice Minallah remarked that the housing society, in order to stop the proceeding of the National Accountability Bureau, approached the Supreme Court and misrepresented the facts, warning that the matter could be referred to NAB again.

The court sought a concise report from the MDA and Sindh government on this matter. The bench also directed the Sindh government to investigate the allegations of Bahria Town’s encroachment on the state land, including forest and national park.

The court also asked the provincial government to apprise it of the land in possession of the housing society. It dire­cted the Space and Upper Atmosphere Research Commission (Suparco) to assist the provincial government in the survey.

Further hearing was adjourned till Nov 23.

It may be mentioned that the BTK offer was accepted by the apex court to implement its May 4, 2018, judgement which held that the grant of land to the MDA by the Sindh government, its exchange with the land of the private land developers — Bahria Town — and anything done under the provisions of Colonisation of Government Land Act, 1912 by the Sindh government were illegal and of no legal existence.

The land was granted for launching an incremental housing scheme, but instead of launching the scheme, the MDA exchanged it with Bahria Town to launch a scheme of its own, the judgement had regretted.

On Dec 16, 2020, the apex court had rejected a plea to grant moratorium of three years to the BTK in the monthly instalment of Rs2.5bn because of Covid-19 pandemic-related economic recession.

The BTK had sought freezing of the payment plan from Sept 7, 2020 to Sept 2023.

Likewise, on Oct 20, 2020, the Supreme Court had appointed a high-powered commission to oversee the disbursement of funds being deposited by the BTK.

Published in Dawn, November 9th, 2023