Supreme Court orders land survey of Bahria Town Karachi

The Supreme Court of Pakistan directed the Sindh government and the Malir Development Authority (MDA) to survey the land on which Bahria Town Limited, Karachi (BTLK) launched its housing society.

On Wednesday, a three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Aminud Din Khan and Justice Athar Minallah heard Bahria Town’s petition for the implementation of March 21, 2019 verdict.

The chief justice asked Bahria Town counsel Salman Aslam Butt, whether they would make payment as per the agreement made under the decision.

Bahria Town counsel responded to make the payment if the land’s value was reevaluated.

Bahria Town counsel Salman Aslam Butt 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.

“The court does not know the trading; it’s your job, and you are responsible for the any good or bad deal,” CJP Isa told the counsel Salman Butt on “reassessment” of land.

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.

Aslam Butt said his client has been discriminated against, as its competitor was given land at a lower rate in Sindh.

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

Bahria Town counsel Aslam Butt said his client is ready to make payment of instalment if it is given the land committed by the MDA.

Bahria Town was supposed to be given 16,896 acres of land by the MDA, but so far it had provided 11,747 acres.The Supreme Court noted that “only Rs60.72bn out of Rs460bn was paid. Even out of this payment, Bahria Town paid only Rs24.26bn”.

Advocate Salahuddin Ahmed, on behalf of three private persons informed the bench that the land approved for Bahria Town Karachi was 16,896 acres but it had occupied 40,000 acres of land and is also encroaching the Kirthar National Park.

Bahria Town counsel replied to the allegation that his client also obtained land from private persons.

The bench ordered Advocate General Sindh Hassan Akbar and MDA’s counsel Farooq H Naek to seek assistance from SPARCO and any other departments for surveying the land, aided by photographs and the Google map of the land.The Court hearing was adjourned till Nov 23.

Bahria Town Limited Karachi alleged that it was allotted the land at a rate of Rs20.72 million per acre on lease for 99 years whereas other societies including the Defence Housing Authority were given land at a rate of Rs100,000 per acre.