Islamabad, May 5 (TNS): TNS has obtained copy of judgment in which Supreme null and voided the procurement of 11000-acre land for its housing projects by Bahria town from Malir developing Authority in Karachi.
Hearing a petition against selling government land to Bahria town in Karachi registry, the court has disposed the agreement and ordered to return the land. The court requested Chief justice to constitute an implementation bench in this regard.
The court barred Bahria town from further sales of plots declaring that the allotment of land to the company by the Sindh government and the Malir Development Authority (MDA) was done illegally
The court has sought an investigation in three months and ordered to file references against the culprits behind the illegally transferring and allotting the land.
A three-member bench chaired by Justice Ejaz Afzal Khan heard the case. He was accompanied by Justices Maqbool Baqar and Faisal Arab.
The petitioner Mehmood Akhtar had filled a petition against the illegal allotment of Land by MDA to the Bahria town. The petitioner has made MDA, Sindh government and land and revenue department party in the case. Aitzaz Ahsan and Farooq H Naik appeared before the court as counsel to the defendant.
While giving judgment the court ordered “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,”
Since Bahria town had sold hundreds of plots, so to secure the interests of allotees the land could be granted again to Bahria town by afresh with accordance to the provisions of Colonization of Government Lands Act, 1912.
The terms and conditions of the new agreement will be decided by implementation bench of this court.”
“Bahria Town shall not sell any plot, built-up unit, apartment etc after the announcement of this judgement. Any allotment made after the announcement of this judgment shall be void,” the court ordered.
Court remark that the land was allotted to the MDA for development a housing society an MDA had not any authority to sell it out.
“Bahria town has not only acquired the land at cheaper rates but the land given in exchange was also less valued”.
The bench ordered Provincial government and forest department to take care of their lands and ask the forest department to grow plants if they want.
