SC adjourns Bahria Town implementation case till April 2
ISLAMABAD: The Supreme Court on Tuesday adjourned hearing of the Bahria Town implementation case till April 2.
A three-member bench of the court headed by Justice Faisal Arab heard the case.
During the course of proceedings, Advocate Farooq H. Naek, counsel for Malir Development Authority appeared before the court and said that the Malir Development Authority had given more than Rs 1.6 billion to the Sindh government.
He said that the Malir Development Authority amount should be refunded from the amount which Bahria Town had deposited in the Supreme Court.
Justice Ijaz Ul Ahsan said that there was no right of the Malir Development Authority on the money deposited in the Supreme Court. He said that if the Malir Development Authority had given amount to the Sindh government against lease of land then it should demand the money for refund from the provincial government.
Attorney General Khalid Jawed Khan said that according to the federal government opinion, the money was neither the federal government nor the Sindh government nor the court.
He said that the people of Sindh were entitled to this amount.
The Attorney General also submitted a written proposals to the court and said that the court should constitute a committee headed by a retired judge of the Supreme Court and representatives of the Federation and Sindh should be included as members. This committee should spend the money received from Bahria Town on welfare schemes for the people of Sindh, he added.
The Advocate General Sindh objected to the induction of a federal government representative in the committee.
He asked what was the function of the federation in Sindh’s internal affairs?
He said that many projects in Sindh were still being affected due to the federal government intervention.
Justice Ijaz Ul Ahsan asked the Advocate General Sindh why was he objecting to the federal government representative being included in the committee?
He said that the committee had only to propose welfare schemes.
During the proceedings, the federation changed the position of collecting Bahria Town money and stated that Bahria Town’s money belonged to the people of Sindh and not to the provincial government.
The Federal government proposed to set up committee headed by retired SC judge and the Federal Secretary Planning and the Chief Secretary Sindh should be its members.
The Attorney General said that the Town Planner, a citizen nominated by the federal and provincial government should also part of the committee.
He said that development projects should be started with the money deposited by Bahria Town.
He suggested that a Supreme Court bench should supervise the committee.
The Attorney General said that the formation of a committee was suggested keeping in view the transparency.
The Malir Development Authority also claimed money deposited by the Bahria Town.
Justice Ijaz Ul Ahsan said that the MDA had gifted the land. Sindh and MDA were of the view that neither the land nor the money should be returned, he added.
He said that when they saw money, they both remembered the land and the development work.
He said that those who did not want to take the money if they got the money everyone knew what would happen.
The Attorney General said that if the money was given to the Sindh government, it would not reach the people.
During the hearing, Justice Faisal Arab revealed illegal possession of land in Sindh.
Justice Faisal Arab said that Bahria Town was given 16,000 acres of land.
He asked did the Bahria Town had as much land today or more?
The counsel for the Malir Development Authority said that he could not say for sure that the Bahria Town had as much land as before.
Justice Faisal Arab asked why MDA could not protect its lands?
Justice Faisal Arab said that the MDA should take possession of its land.
He said that the MDA should know that the revenue record was changing.
He said that the land on the sides of the super highway was rocky and not cultivated.
He asked how could a land that was not cultivable be inherited?
The court issued notices to the Sindh government over Federal government and the Malir Development Authority pleas. – APP