Malik Riaz of Bahria Town has become an unannounced don of Islamabad and Rawalpindi. He is also influencing appointments of police and revenue officials to use them for his interests and deprive the ordinary persons of their properties in the twin cities
Police and district administration also allegedly dance to his tunes
Patwaris and other revenue officials who look after land matters are also appointed and transferred after approval of Riaz. In so many cases patwaris changed the record and illegally transferred land in name of Malik Riaz
ISLAMABAD Oct. 21 (TNS): Islamabad and Rawalpindi Bar Associations have appealed to the Chief Justice of Pakistan to take action against Bahria Town owner, Malik Riaz and his son Ali Riaz, for illegally occupying land of senior member of the Bar, Raja Yasir Ali Abbasi Advocate.
Both the Bar Associations have announced if Islamabad police and administration failed to take action against Bahria Town owners they will be compelled to stage protest and take any extreme step.
According to the statement issued by the Islamabad/Rawalpindi Bar Associations, it was on the direction of Bahria Town owner Malik Riaz and his son Ali Riaz that the management of land mafia run by them forcibly i.e. illegally occupied the land of senior member of the Bar, Raja Yasir Ali Abbasi Advocate.
An FIR No. 383/14 dated 29/09/2017 was lodged by the victim with Bhara Kau Police Station, Islamabad, but the local police and Islamabad administration have not taken any action against the biggest land mafia in the country.
According to media reports an FIR was registered against the land grabbers following the direction of Justice of peace/additional session judge (East), Islamabad.
Appellant Raja Yasir Ali Abbasi is the owner of a land which was illegally occupied by Mailk Riaz and his land grabber team. The total area of the land is almost 18 kanal which is costly enough.
Earlier the application was submitted to the SHO Bhara Kahu Police station on July 26, 2017 by the complainant but no action was taken against the culprits. Then another application was submitted to SSP Islamabad but again the police did not pay any attention.
After going through the hectic and tedious exercise as well as looking at the irresponsible attitude of local police the complainant approached the Justice of Peace/Session Court and filed petition u/s 22-A Cr.P.C where the justice of peace issued instructions to local police for the registration of FIR u/s 154 Cr.P.C.
After getting the orders of the court, initially police officials hesitated while registering an FIR against the influential Malik Riaz and his team.
Despite all the evidences they tried to manipulate the entire scenario and did not pay any significant attention to it but later on they had to register the FIR against the accused persons.
The appellant Raja Yasir courageously continued his legal proceedings with full support of legal fraternity to follow this case.
Honorable Court ordered the police department to take some necessary action against such illegal activities. The copy of FIR is attached herewith. FIR NO 383/17 Dated: September 29, 2017 U/S 379/427/341/447/109 PPC PS BHARA KAHU
Police registered an FIR against property tycoon, and his son, and the Bahria Town management in a land-grabbing case more than a week after a local court issued orders to this effect.
Additional district and sessions judge (ADSJ) Sikandar Khan had ordered local police on Sept 21 to book the accused on the complaint of a widow and other residents of Phulgran, located in the suburbs of the federal capital.
This is not the first case of land-grabbing by Bahria Town owner. In 2012 local police registered an FIR against property tycoon Malik Riaz on the complaint of a resident of Bhara Kahu.
Rizwan Abbasi, the counsel for the complainant Raja Zahid, filed a petition with the Islamabad High Court, stating that Malik Riaz had grabbed 100 kanal land of his client but the police were not registering a case against him due to his influence.
In November, 2016 local court ordered the Nilor police to register an FIR against property tycoon Malik Riaz over a land dispute.
A resident of Mouza Tumair in the suburbs of Islamabad said that on Nov 28, 2012, employees of Bahria Town encroached upon 506 kanals of his land at the behest of Malik Riaz. He said when he attempted to resist and retrieve the land, the property tycoon threatened him with dire consequences and warned that he may be implicated in a fake case.
In written comments filed before the court, the Nilor station house officer (SHO) stated: “An agreement has been made between the applicant Nisar Ahmed and Malik Riaz of Bahria Town; that no land was transferred in favour of Bahira Town and the dispute between the parties is of civil nature.”
The judge, however, said it could not be left “at the discretion of the SHO in order to see whether the commission of cognisable offence is made out or not. The in-charge of police station is duty bound to enter the information provided regarding the commission of cognisable offences in the relevant register and to act in accordance with the mandate”.
He then directed the Nilor SHO to register the case against Malik Riaz under the relevant provisions of the law and proceed further “fairly, diligently and honestly” in accordance with the law.
Malik Riaz of Bahria Town has become an unannounced don of Islamabad and Rawalpindi. He is also influencing appointments of police and revenue officials to use them for his interests and deprive the ordinary persons of their properties in the twin cities.
Patwaris and other revenue officials who look after land matters are also appointed and transferred after approval of Riaz. In so many cases patwaris changed the record and illegally transferred land in name of Riaz depriving the ordinary people of their land.
Presently there are several cases of land grabbing directly or indirectly against Bahria Town and are under proceeding in trial and apex courts, but Riaz hires some prominent lawyers who play an important role in influencing the cases in trial courts.
Cases of murder, land grabbing and other heinous crimes have been filed against Riaz in the courts. Almost in every case higher courts had to order lodging of FIR against him.
On October 27, 2009 a three-member bench comprising Chief Justice (CJ) Iftikhar Muhammad Chaudhry, Justice Jawwad S Khwaja and Justice Ghulam Rabbani ordered Sihala police to lodge an FIR and arrest Bahria Town chairman Malik Riaz Hussain. The court issued these orders on a suo moto notice on reports of the murder of security guard Fiaz Ahmed, who was killed in 2008. In that case seven people were arrested, but all were released on bail. However, Malik Riaz could not be arrested. People complain that Riaz forces them to sell him their land and allege that if they refuse they are harassed with help of local police.
The court directed Sihala police official to record the statement of Shamraiza Bibi, Ahmed’s widow, in the courtroom. In her statement she said Malik Riaz was responsible for the murder of her husband. During the course of hearing, two citizens – Raja Qayyum and Habibullah appeared before the bench and maintained that they were victimized by Malik Riaz, who had gotten them beaten through police as they were not selling their land to him. They alleged that they were kept locked for three months, forcing them to sell their properties to the Bahria Town chairman.
An SC bench headed by CJ Iftikhar Mohammad Chaudhry ordered the district and sessions judge Islamabad in 2009 to launch a judicial inquiry against Riaz for his alleged land grabbing through coercive and blackmailing tactics and submit report to the apex court. The DCO Islamabad was directed to facilitate and cooperate with the district and sessions judge in this regard. Almost 100 persons gave their statements against Malik Riaz but the police failed to take action against him.
Many people in the past tried to protect their properties from land mafia but mostly their struggle ended in their death and astonishingly families of the deceased were forced to have a patch-up with land mafia. This situation has developed a common perception that no one can stand against Riaz in federal capital and nearby areas.
Bhara Kahu police registered the FIR on Sept 29 under sections 109, 341, 379, 427 and 447 of the Pakistan Penal Code (PPC), which deal with theft, wrongful restraint, mischief and criminal trespass.
Advocate Yasir Ali, one of the complainants, told he had inherited just over eight kanals of land worth approximately Rs80-90 million in the Phulgran revenue estate, which was illegally occupied by Bahria Town.
He said that when he visited his family land on July 26, he found them occupied by Bahria Town guards. He claimed that he also approached the Bahria Town office located on Murree Expressway, near Satra Meel.
“I showed them the ownership documents, but they said the matter was not in their hands,” he said, adding that when he initially approached Bhara Kahu police to lodge a complaint, the station house officer and other officials refused to entertain him.
He said that he had approached the district courts and filed a petition seeking the registration of a case.
The complainant told the court that the property tycoon had illegally grabbed his inherited land and included it in his private housing scheme.
Mustafa Tanveer, counsel for Malik Riaz, told the court that the issue regarding the ownership of the land in question was pending before a civil court.
He alleged that the complainants had filed the petition for the registration of an FIR against Malik Riaz and his son in a bid to blackmail them, and argued that since the matter was pending before a civil court, criminal proceedings could not be initiated.
In the order, however, the ADSJ observed that pendency of a civil suit is not a bar against criminal proceedings, as both can proceed simultaneously.
But in his order, the judge noted that it was not necessary to arrest an accused as soon as the FIR was registered, and directed that police should only take the accused into custody when a cognisable offence was proven during the course of the investigation.
“It is to be clarified here that when an FIR is registered it is not necessary that in all cases the accused should be arrested. The accused may be arrested only in those cases where sufficient evidence comes on record against the accused,” the order read.
Moreover, “if during investigation, the information provided by the petitioner is proved false, local police may initiate strict proceedings under Section 182 (invoked against false accusers) of Pakistan Penal Code against the informant for providing false information”, the order further states.
When contacted, Bahria Town spokesperson retired Col Mohammad Khalil told that the housing society had lawfully purchased the land in question.
He admitted there was a minor dispute between the society and locals, adding that the case was pending before a civil court in Islamabad.
However, he alleged that locals had filed an application seeking the registration of an FIR against Bahria Town high-ups with mala fide intent, to pressure the housing society into giving them a better deal.
Bahria Town undue influence extends to Karachi as well as it has extended its development work on thousands of acres of land contrary to the SBCA approval/NOC for development on the area up to 1330 acres.
Project of Bahria Town has been described as historical fraud committed by Sindh government’s ruling elites and corrupt government officials through Malik Riaz
In violation of the mandatory provisions of Sindh Building Control Authority Ordinance 1979, Bahria Town Karachi has extended its development work on thousands of acres of land contrary to the SBCA approval/NOC for development on the area up to 1330 acres only.
National Accountability Bureau has issued a call up notice to the Sindh Building Control Authority (SBCA) under section 19 of the National Accountability Ordinance 1999 regarding investigation against officers/officials of Revenue Department MDA, Govt of Sindh and others and has asked it to depute a well conversant officer not below the rank of Director to appear before the Combined Investigating Team (CIT) along with justification of SBCA in writing for not taking any action against Bahria Town Karachi regarding violations of the mandatory provisions of SBCA 1979 by them and measures for informing general public to safeguard their investment in the said project by directing Bahria Town Karachi to stop all illegal sale, booking and advertisement activities at once.
SBCA office letter No. 765 dated 5.6.2017 had originally stated that it had given approval/ NOC to Bahria Town Project situated at main Super Highway for advertisement/development on the area up to 1330 acres only, whereas rest of the development on thousands of acres including constant media publicity/advertisement were against Sindh Building Control Authority Ordinance 1979. As per the demarcation map provided by Survey of Pakistan vide dated 20.7. 2016 total area under possession of Bahria Town Karachi is 12,156 acres.
National Accountability Bureau has warned the DG SBCA if it fails to comply with the notice it will have to face penal consequences as provided under the law.
Let it be noted here that the Sindh government grossly violated the settled rules, regulations and orders of Supreme Court by consolidating and exchanging low cost lands of M/s BahriaTown with the precious State land at main Super highway (Karachi-Hyderabad road) for the posh housing project at Karachi causing loss of billions of rupees to national exchequer.
Bahria Town purchased 7 thousand acres of land at low rate from Rs. 30 thousand to Rs. 50 thousand and in some places at the rate of Rs. 5 lacs in different parts /Dehs of district Malir, Karachi and got precious land exchanged/ consolidated against the settled laws of Government of Sindh at Super Highway where the rate of land is Rs. 50 lac per acre.
Bahria Town after getting illegal favor of exchanging the land also occupied above 40 thousand acres in the same area illegally with the help of Sindh government officials on the directions of political high-ups of ruling party Sindh.
National Accountability Bureau (NAB) Sindh also inquiring the matter and in this regard Deputy Director Muhammad Rizwan had written a letter to former Chief Secretary Sindh Muhammad Siddique Memon, asking him to submit the information, how the land exchanged and under what laws. (Copy of letter available)
According to the details, after exchanging the state lands with Bahria Town Sindh the Board of Revenue, Deputy Commissioner Malir, illegally and unlawfully violating the laws of Sindh land Accusation Act 1967 and without any payment, allowed Malir Development Authority (MDA) to get the physical survey and preparation of road network at the site of Bahria Town, Karachi.
Director General Sindh Buildings Control Authority (SBCA) Manzoor Qadir Kaka (who is also absconder and had fled from the country on the charges of corruption) bypassing the Supreme Court orders and without having any allotment, lease deeds, sale deeds issued all necessary permission and approved maps, site plans, layout plans through a letter SBCA/Dir/(D)/2013/023 without mentioning the date of issuance of the said letter (copy available) to Bahria Town; administration of Bahria Town on behalf of that letter and permissions published an advertisement in leading newspapers of country and collected token amount from the innocent public to the tune of trillions of rupees.
It is worth-noting that in a Suo-Moto case No. 16/2011 on November 28, 2012 Supreme Court of Pakistan had restrained Sindh government and Sindh Revenue department for any mutation, transfer of lands and conversion of any state land to anybody or any organization, the apex court further had directed that no conversion or mutation of state land in the record of rights from the date (November 28, 2012) onwards would be deemed nullify and would expose the Deputy Commissioner of relevant district to contempt proceedings.
In an official report of a premier intelligence agency of Pakistan regarding the whole process of Bahria Town Karachi (copy available) it was narrated that after these illegal permissions which were issued without mentioning date of issuance approximately 175 billion Pakistani rupees were received from the general public and this money was transferred from Karachi for some other projects of Bahria Town. Security agency also obtained the bank records of all accounts of Bahria Town.
Sources told Sindh post that this report was presented by DG Rangers in Apex Committee meeting and had raised serious objection upon the project of BahriaTown Karachi.
According to the details and documentary evidences earlier Sindh government handed over land of 43 Dehs ( Deh is the small unit of Land in Revenue Record) of District Malir and District West to Malir Development Authority (MDA) irregularly on December 26 vide notification No PS/SMBR/BOR/KAR/430 (copy available) only to accommodate Bahria Town.
MDA after getting the said 43 Dehs accommodated Bahria Town by consolidating and adjusting other low cost lands of Bahria Town even Agriculture lands which were purchased at other places at very low rates.
According to the rules when any Authority has to consolidate the lands it has to obtain consent from the Sindh Board of Revenue. Authority has to also verify the cost of land and no precious land could be exchanged with the low cost land, but in this case of Bahria Town due to political support to Malik Riaz by ruling Party no legal necessary process was obtained and caused heavy loss of billions of rupees to national exchequer.
Security agency report suggested that main leader of Sindh ruling Party Asif Zardari is the partner of Malik Riaz owner of Bahria Town in the projects of Bahria Town Karachi, Nawabshah and Hyderabad.
This report suggests that Mr Zardari first had assigned his brother Awais Muzafar Tappi for facilitating in sale purchase arrangements, documentation, acquiring the land by Sindh government and other irregular conveniences for Bahria Town, this role was then assigned to Director General of Sindh Building control Authority (SBCA) Manzoor Qadir Kaka and Deputy commissioner Malir Qazi Jan Muhammad, Director General of Malir Development Authority (MDA) Muhammad Suhail Additional Deputy Commissioner Muhammad Ali Shah, Mukhtiarkar Gaddap Sohail Ahmed Memon were directed by ruling party high-ups to provide all required facilities to Bahria Town.
Director Settlement Survey and Land Record Sindh on December 30, 2013 vide his letter number AE/2391 Copy available informed the Director General Malir Development Authority (MDA) and Deputy Commissioner Malir that the various survey numbers are Na-Qabuli (state Land) Sindh government land in said 43 Dehs.
Commissioner Karachi on January 07, 2014 and on January 16, 2014 sent 2 letters to DG MDA and DC Malir directing them to avoid entertaining any fake claim of any organization or person and incase of any lacuna or loss to Sindh government property, they would be responsible through his letter numbers CK/ACR/RB/14/2014 and CK/ACR/RB/25/2014 copies available.
Commissioner Karachi had also called a report from the Survey Superintendent Karachi for provision of details of Qabooli and Na-Qabooli survey numbers of the area.
Survey Superintendent Karachi on January 31, 2014 wrote a letter to Commissioner Karachi, Member (R&S) Board of Revenue Sindh, Director Settlement and Survey Karachi, DC Malir and DG MDA by supplying the details of Na-Qabuli land (Sindh government land) along with survey numbers which were illegally converted by DC Malir and his team in Qabuli land (private property) published in public notice by MDA in papers on January 14, 2014 and January 18, 2014.
Report further narrated that for this illegal favor DC Malir and his team received heavy amount as bribe.
It is pertinent to mention here that MDA is the defaulter of 7 billions of rupees of Sindh Board of Revenue and posses the excess Sindh government land and a such report of possessing of illegally Sindh government land by MDA submitted before the Supreme Court by Sindh Board of Revenue. Many cases against MDA also pending in Sindh High court by different private persons.
Sindh Board of Revenue without realizing these facts fixed a meeting on January 23, 2014 under the chairmanship of Chief Secretary Sindh for reservation of available state land for a defaulter organization MDA and to accommodate the fake claims of Bahria Town sent by DC Malir and his team, on the very next day Secretary Land Utilization with the approval of Chief Minister Sindh reserved 14617 acres of Sindh government land in favour of MDA without payment and conditions through letter number 03-168-14-SO-V dated 24.1.2014 (copy available) complete violation of Supreme Court orders.
After this meeting all lined department of Sindh government were strictly prohibited for any correspondence on the subject.
DG MDA completed entire exercise to establish phase 1 of Bahria Town within 3 months.
MDA violated instructions and reports of Commissioner Karachi, Director Settlement Survey and Land Records, Survey Superintendent and above all the orders of Supreme Court of Pakistan. Security agency in its report termed the project of Bahria Town as historical fraud committed by Sindh government’s ruling elites and corrupt government officials through Malik Riaz.
Agency recommended the authorities for taking an exemplary action against the corrupt mafia in public interest and cancel all illegal transactions made through illegal means and stop DG MDA and DC Malir for handing over further precious Sindh government lands to Malik Riaz and his company.
