ISLAMABAD: The Supreme Court on Wednesday provided the last chance to Messrs Bahria Town (Pvt) Ltd to settle the case by further scaling up the price of the Malir lands where it had developed a housing society and revising the payment schedule.

The opportunity was granted by a three-judge bench, headed by Justice Sheikh Azmat Saeed, after Barrister Syed Ali Zafar representing Bahria Town had enhanced its offer from Rs405 billion to Rs435bn, which would eventually go to the Sindh government. The bench observed that the figure of Rs435 billion did not seem appropriate and said the developer might like to consider offering a better figure.

The bench had taken up implementation of the May 4, 2018 judgement of the apex court which held that the grant of land to the Malir Development Authority by the Sindh government, its exchange with the land of Bahria Town and anything done under the provisions of Colonization of Government Land Act 1912 (COGLA) by the Sindh government was illegal and of no legal existence. The land was granted for launching incremental housing scheme, but the MDA exchanged it with Bahria Town to launch a scheme of its own, the court observed.

Earlier, the developer had offered Rs405 billion after enhancing it from Rs358 billion and Rs250 billion to purchase 16,896 acres of lands in Malir and that after deducting Rs14 billion that the developer had already deposited with the court, the rest of the amount would be payable in 12 years in instalments of Rs2 billion per month for the first six years and Rs3 billion per year for the remaining six years.

SC implementation bench to hear NAB prosecutor general on 13th

The court, however, rejected the payment schedule with a direction to improve the same.

At the outset, Justice Saeed reminded the counsel that the original site plan that the Bahria Town had furnished before the court was similar to the one that the Prism Marketing, an authorized dealer of the developer, had presented.

At the last hearing, the court had expressed surprise that the sale of plots in certain precincts or areas did not fall in the area owned by Bahria.

On Wednesday, the counsel submitted an application assuring the Supreme Court that it had developed the Malir project on the land in its actual possession of 16,896 acres and that Bahria Town would provide plots and would fully compensate those who had purchased plots outside the existing boundaries.

The court said the bench would hear the National Accountability Bureau (NAB) prosecutor general on March 13 and cautioned the respondent that if the NAB prosecutor general convinced the court and if the order did not come in favour of the developer, the law would take its course. But the court also assured the defendant that it had full faith in the counsel for Bahria Town when he hinted at the possibility that his client would further improve the price and reduce the period of payment.

During the proceedings, Khawaja Tariq Raheem representing residents of the housing scheme remarked that financial problems the country was facing would be solved if three or more individuals like Malik Riaz came forward.

The court asked Assistant Advocate General for Sindh Sibtain Mahmood whether the Sindh government had any objection if the matter was concluded in terms of any proposal. He said the provincial government would have no objection.

The case was then adjourned for March 13 with a directive to all the relevant parties to be present on the next date of hearing.

Published in Dawn, March 7th, 2019