ISLAMABAD – On Wednesday, the Supreme Court was astonished by the “flagrant violations” of law in the procurement of a large parcel of farmland for a cooperative housing society in Rawalpindi, nearly two decades ago.
What annoyed the court most was the complete procedure of amalgamating the land acquired to construct residential amenities for the members of the Revenue Employees Cooperative Housing Ltd (RECHS), which was fraught with blatant breaches of the laws in place.
In 2005, the RECHS procured over 2,830 kanals of land, which was subsequently handed over to Bahria Town Ltd (BTL), and then, in turn, passed onto the Defence Housing Authority (DHA) in 2007 for the establishment of Askari 14 Rawalpindi.
Adding to the controversy, this occurred in spite of a formal objection by the then-Punjab cooperatives minister Malik Mohammad Anwar against the deal, which was dismissed by the then-chief minister Chaudhry Parvez Elahi.
Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, a three-member Supreme Court bench addressed grievances filed by several individuals who did not receive plots despite making payments.
The court questioned the rationale behind converting farmland into residential or commercial zones. The complexity of this exchange baffled CJP Isa, who ordered BTL and DHA to provide detailed explanations for the land conversion and to also present the site layout and a Google Map.
It was disclosed in court that on Feb 17, 2005, an accord was formed between Bahria Town and retired colonel Abdullah Siddiq, RECHS’s administrator, which led to the land’s transfer to Bahria Town. Subsequently, BTL conveyed it to DHA in a 2007 pact.
Such a “so-called agreement” was problematic, CJP Isa remarked.
Punjab Advocate General Khalid Ishaq acknowledged that the RECHS administrator’s mandate had ended, thus invalidating any contracts made. He also remarked that the Punjab chief minister lacked the jurisdiction to countermand his minister’s opposition to the land transfer. The court expressed its dismay, noting, “Yet, it proceeded.”
The contract between Bahria Town and RECHS was notably on Bahria Town’s letterhead and was finalized before the society members’ five-year tenure ended.
Advocate Hassan Raza Pasha, on behalf of Bahria Town, promised the court that steps would be taken to address the complainants’ concerns.
Influential developers
CJP Isa lamented that networks of societies are expanding nationwide, indicating a preference for residential and commercial land over agricultural land.
He highlighted the state’s role in safeguarding food security and its duty to prevent the conversion of agricultural land for commercial use. “It appears everyone is keen on establishing housing societies for personal gain,” Chief Justice Isa remarked, calling for necessary controls and oversight. He warned that the proliferation of housing projects by developers could render residential plots too expensive for most people.
“These are policy issues the government must consider, but if it fails, the court will prompt the government to start addressing these issues,” the CJP stated.
CJP Isa observed that the influential builders’ interests prevail in the halls of power, not the common people’s.
He stressed the importance of considering the future, noting Pakistan’s shift from a wheat exporter to an importer.
The court expressed its reluctance to meddle in administrative affairs but emphasized the government’s duty to acknowledge its responsibilities.
