Bahria Town requests SC to reassess Rs460b deal

Developer’s counsel says provincial authorities had till now handed over legal possession of Rs11,747 acres

ISLAMABAD:

Bahria Town (Pvt) Ltd Karachi has requested the Supreme Court for the reassessment of Rs460 billion deal regarding the acquiring of land in Malir Super Highway project.

A three-judge bench led by Chief Justice of Pakistan Qazi Faez Isa resumed the hearing on the implementation of apex court’s March 21, 2019 approval of the stated offer by Bahria Town (Pvt) Ltd Karachi.

During the hearing, the chief justice raised questioned about the concept of implementation bench. He asked Additional Attorney General Chaudhry Amir Rehman to assist in the matter.

During the hearing, Salman Aslam Butt, counsel for Bahria Town, contended that in view of March 21, 2019 approval, the developer was required to make payment of an aggregate amount of Rs460 billion for leasehold rights in land measuring 16,896 acres.

The lawyer stated that the provincial authorities had till now handed over legal possession of Rs11,747 acres to Bahria Town Karachi, noting a shortfall of 5,149 acres of land.

In view of these facts, Rs460 billion payable deal related to the acquiring of land should be reassessed, he requested.

The bench, however, asked the counsel why he did not move a contempt petition against the provincial authorities for not giving the possession of complete land as per the agreement.

Justice Athar Minallah, a member of the bench, said the judgment in this matter had already attained finality.
The Sindh advocate general sought time for filing concise statement in this matter. The bench also issued notices to all those who had deposited liability amount of Bahria Town in the Supreme Court account.

The bench was told that Bahria Town had so far deposited a liability of Rs65 billion in the apex court account.
Justice Minallah inquired whether the Supreme Court could retain such amount legally.

Regarding his plea about the equal treatment meted out to other entities for acquiring land in Karachi, the bench urged the counsel to move a separate petition for invoking the suo motu jurisdiction.

The hearing of case is adjourned until November 8.