ISLAMABAD: Bahria Town (Pvt) Ltd Karachi (BTLK) on Tuesday approached the Supreme Court to seek a level playing field, alleging that a nearby housing project was given preferential treatment.

The move came a day before a scheduled hearing on the implementation of the Supreme Court’s March 2019 approval of BTLK’s Rs460 billion offer.

In a five-page application submitted through senior counsel Salman Aslam Butt, BTLK said the Supreme Court should pass appropriate orders so that the real estate entity could be treated like similar projects, including the DHA City Karachi, without any discrimination or putting one party at a significant disadvantage.

The BTLK’s case is set to be reviewed on Wednesday (today) by a three-judge Supreme Court bench led by Chief Justice of Pakistan Qazi Faez Isa, and also including Justice Aminuddin Khan and Justice Athar Minallah.

Claims it was allotted land at Rs27.2m per acre compared to DHA City’s Rs100,000

In its application, the Bahria Town developer highlighted disparities in land pricing between the two entities. It claimed that the DHA City Karachi was allotted 19,640 acres at a cost of Rs1.96bn, equivalent to Rs100,000 per acre, whereas BTLK was provided with 16,896 acres at Rs460bn, or Rs27.2 million per acre. Both entities have 99-year lease terms.

It also claimed that DHA City enjoyed exemption from the capital value tax (CVT) on 11,640 acres and deferment on 8,000 acres.

Moreover, if on survey and demarcation, the area granted was reduced, the excess amounts are to be returned to the lessee; besides, no ground rent will be payable until completion of the project and no ground rent will be payable for amenities like roads and parks, BTLK said.

BTLK claimed that the differential treatment severely impacted its fundamental rights and affected thousands of citizens and entities who had acquired plots within the project.

The application invoked Articles 9, 18 and 25 of the Constitution — which focus on the security of a person, freedom of trade, and equality of citizens, respectively — and urged that BTLK should be treated in the same manner as its peers operating in the same area and business.

The staggering difference of over Rs458bn in the price compared to DHA City made it difficult for BTLK to stay competitive, risking severe financial repercussions, it said.

Published in Dawn, October 18th, 2023