Supreme Court puts ban on Bahria Town to sell, allot land

Supreme Court in its order has restrained Bahria Town from selling or allotting land in the Bahria Town Karachi due to massive illegalities in land acquisition.

A three-member bench headed by Justice Ejaz Afzal Khan also directed the National Accountability Bureau to file references against responsible for violations.

The verdict requested the Chief Justice of Pakistan to constitute a bench for the implementation of this judgment in its letter and spirit.

The verdict cleared that the government land would go back to the government and the land of Bahria Town exchanged for the government land would go back to Bahria Town.

The three separate but hard-hitting majority verdicts delivered on Friday were announced by a three-judge bench comprising Justice Ejaz Afzal Khan, Justice Maqbool Baqar and Justice Faisal Arab. Each order was passed 2-1, with Justice Maqbool Baqar dissenting in each case.

"[...] We are constrained to declare that the grant of the land to the MDA, its exchange with the land of Bahria Town and anything done pursuant thereto being against the provisions of COGLA 1912 [Colonization of Government Lands Act, 1912] and statement of conditions are void ab initio and as such have no existence," the court ruled. 

The court has also ordered an investigation into the illegal allotment of Malir Development Authority’s land, and an investigation within next three months against the people involved in the illegal transactions.

The verdict also states that a special bench must be formed to supervise the investigation.

The judges also added that transactions between the Sindh government and Bahria town could be made legal, but the stipulations on these transactions will be established by the SC’s special bench.

Rawalpindi

The supreme court observed that in the Takht Pari case it emerged that the Bahria Town had encroached upon 1,170 kanals of forest land, while the forest department had encroached on an area measuring 765 kanals of Bahria Town. 

The court held Bahria Town responsible for encroachment on forest land in the Takht Pari area in collusion with the forest department and struck down this mutual encroachment deal, deeming it illegal and of no effect.

New Murree Development Scheme

In a third order issued the same day, the Supreme Court also struck a death blow to the New Murree Development Project/Scheme, which had been roundly criticised by environment protection agencies for endangering the forests and land around Islamabad.

The court ordered that the persons and officials of the revenue department be proceeded against and directed NAB to investigate the case and file references against all those who are found responsible for committing, aiding and abetting the crime at any level or in any form.