ISLAMABAD: As the Supreme Court resumes the hearing on the implementation of March 21, 2019 approval of Rs460 billion offer by the Bahria Town (Pvt) Ltd Karachi on Wednesday (today), the Bahria Town Development Authority has sought equal treatment meted out to other entities for acquiring land in Karachi.
Bahria Town’s legal team led by Salman Aslam Butt moved a fresh application in the apex court wherein para 18 of the court’s May 4, 2018 majority judgement was mentioned.
“We have been told that government land has also been allotted to DHA and many other societies on cheaper rates as compared to the rates in this case. If so, we would request the Honourable Chief Justice of Pakistan to take Suo Moto action in this behalf so that like be treated alike,” the para stated.
Despite the judicial order, four chief justices namely Mian Saqib Nisar, Asif Saeed Khosa, Gulzar Ahmed and Umar Ata Bandial did not invoke suo motu proceedings during their tenures.
Bahria Town’s application contended that the official documents forming part of public record showed that the Pakistan Defence Officers Housing Authority Karachi, namely, DHA City Karachi had been allotted around 19,640 acres of land in Deh Kathore and the adjacent Dehs of Bayal, Abdar and Khadeji for a consideration of Rs100,000 per acre, aggregating to a total consideration of Rs1.96 billion.
“From a bare comparison, it is apparent that there is a staggering difference of over Rs458 billion between the land being leased/allotted to Bahria Town and the land being leased to DHA City, despite the fact that both the lands are ‘similarly’ placed and located in ‘similar/adjacent’ areas of [the] Malir Development Authority.”
Bahria Town’s legal team contended that they should be treated alike with the similarly placed persons/entities, including DHA Karachi, “without any discrimination, without giving undue advantage or putting any one party at a significant disadvantage” to safeguard the rights of all concerned, and the same being the mandate of fundamental rights granted under the Constitution.
