ISLAMABAD: A local court on Thursday dismissed an application filed by Bahria Town seeking a stay order against demarcation carried out by the capital administration of the land allegedly encroached by Bahria Enclave in the revenue estate of Kuri.
Civil Judge Mohammad Naseeruddin heard the legal suit.
The district administration of Islamabad in the recent demarcation claimed that “Bahria Enclave encroached upon 510 kanal and six marla government land.”
According to the demarcation report, the housing society constructed commercial plazas, houses, a park, zoo and grid station on the state land.
In September, the housing society submitted an outdated layout plan to the court, which had been cancelled by the CDA in 2013, and obtained a stay order.
As demarcation is conducted by revenue officers, the report is presumed authentic until proved otherwise, civil judge rules
However, when CDA’s legal adviser Kashif Ali Malik informed the court that the housing society in a fraudulent manner had submitted the cancelled layout plan to get a favorable order, the stay was vacated the same day.
The same year, the housing society filed a petition against the cancellation of the layout plan in Islamabad High Court (IHC). While the petition was pending in the IHC, the real estate giant not only completed its Bahria Enclave project but also sold the plots to private parties and individuals.
The CDA report on the layout plan alleged that “Bahria Town is carrying out development work in Bahria Enclave (extension, almost three times larger in size, layout plan whereof has not been approved).”
During Thursday’s proceeding, Bahria Town’s counsel adopted before the court that their client was the lawful owner of the land in question. Initially, the layout plan was approved by the CDA but later it was cancelled, he added.
He requested the court to stop the CDA and the district administration from further proceeding on the demarcation of the land.
But CDA’s legal adviser Kashif Malik argued that “land was properly demarcated by the revenue authorities and as per demarcation report Bahria Town has encroached upon 510 kanal and six marla government land.”
The court was, however, of the opinion that the demarcation of the suit land has been conducted and as per demarcation report the petitioner (Bahria Town) has encroached upon the 510 kanals and six marlas owned by respondent (CDA) in Mouza Kuri.
The demarcation report is not yet challenged by the petitioner before the competent authority. As the demarcation is conducted by the revenue officers, the report is presumed authentic until proved otherwise.
The judge then dismissed the application seeking a stay order against the demarcation.
Published in Dawn, November 9th, 2018