Ministry asked about conversion of military land into golf courses
By Arshad Sharif
ISLAMABAD, Aug 10: The Senate Standing Committee on Defence has sought answers from the General Headquarters through the defence ministry about recovery of millions of rupees outstanding against defence housing schemes
, conversion of A-1 military lands into golf courses and the relevant laws governing the management of military farmlands, Dawn has learnt.
Sources said the committee was scheduled to meet in the second week of August after its July 30th deliberations but the meeting was postponed with a new date yet to be communicated to the members.
The committee in its July 30 meeting sought to examine the laws concerning the transfer and use of government lands by the federal or provincial governments which according to Article 175(3) of the Constitution must be regulated by law.
The committee, sources said, would examine the existing laws, point out the lacunas and suggest appropriate legislation to overcome the existing ambiguities about government's land management policy.
The committee chairman, Javed Ashraf, a retired general, has already barred the press from the proceedings of the committee in a decision contrary to President Gen Musharraf's commitment to transparency in the affairs of governance.
The Senators, who supported transparency in the affairs of the committee with media presence, have registered a protest over the decision of the Mr Ashraf. Talking to Dawn, the Senators said the National Assembly and the Senate committees were relevant forums for accountability and must be strengthened with media being one arm to ensure transparency in the proceedings.
It was learnt that the committee member, Senator Farhatullah Babar, had submitted a number of questions which had been forwarded to the defence ministry and the GHQ for answers.
The list of questions obtained by Dawn shows that the defence committee had sought answers about conversion of A-1 military lands into golf courses, petrol pumps, housing schemes and commercial plazas.
The committee had asked the defence ministry to cite the relevant laws under which the A-1 lands could be used for purposes other than those specified in rules, even temporarily.
Documents show that the Auditor General of Pakistan has cited serious violations of rules in conversion of A-1 military lands into golf courses and housing societies.
The list of questions show that the defence ministry has been asked to explain what action it has taken to recover the outstanding dues amounting to Rs280 million which the Defence Housing Authority Karachi owes to Cantonment Board, Clifton, on account of taxes since 1980.
It is learnt the defence ministry has to explain if army can utilise the revenues derived from commercial properties, including income from the Lahore Fortress Stadium without first depositing it with the Federal Consolidated Fund.
The committee has asked the ministry to explain if and when the funds were ever deposited with the Federal Consolidated Fund vide provisions of Article 78 and 79 of the Constitution.
Article 78 of the Constitution clearly stipulates that all revenues received by or on behalf of the federal government shall be credited to the Public Account of the Federation. Article 79 lays down the procedure for the use of the revenues only with the authorisation of an Act of Parliament or by rules made by the president.
The committee has asked the defence ministry if it would undo the violation or give some legal cover to the use of receipts from defence lands proportioned between the government funds and the Quarter Master General's fund.
The committee has also sought explanation about the action taken on construction of Askari Housing Scheme No II at Zamzama without approval of the building plans by the Clifton Cantonment Board.
The defence ministry has been asked to explain if the construction of private properties of Askari Housing Scheme No II is not an offence under Section 184 of Cantonment Act 1924 and any action taken in this regard.
Questioning the claims of the defence ministry that resolution No D-3428-A of 10th February 1925 provides the basis for validity of possession of military farmlands by the army, the committee has sought an explanation if the resolution had the force of an Act of Parliament and if so the same may be quoted by the ministry.
The defence ministry in a written response to the Senate had earlier said that defence lands outside cantonments were managed under Acquisition, Custody and Relinquishment Rules 1944 (ACR 1944).
The Senate standing committee, which has the questions recorded in its minutes, observed that the ACR Rules were not even relevant rules as was evident from Page 240 of the Preamble of the Military Lands Manual which termed these as "instructions" and not as "rules."
The committee has sought defence ministry's views about formulation of a comprehensive law through an Act of Parliament to manage defence lands both inside and outside the cantonment limits.
