Apex court questions intentions behind law in Bahria Town case

The Supreme Court of Pakistan has questioned the political connections and intention behind the passage of a law that resulted in the exchange of land between the Malir Devel- opment Authority (MDA) and Bahria Town Karachi.

“Who built a big house in Lahore and how the Sindh government doled out prized lands to a third party?” Chief Justice of Pakistan Saqib Nisar said while heading a five-member bench that had taken up a petition seeking review of its judgment in the Bahria Town Karachi case.

In its May 4 verdict, the apex court had barred Bahria Town Karachi from selling plots or apartments from the housing scheme and also declared transfer of lands between the MDA and the Bahria Town Karachi as illegal.

The chief justice observed that the Colonisation of Government Land Act was amended only to consolidate the lands for onward transfer to a third party with retrospective effect due to political connections.

The court made it clear that it is not striking down the law.

“But to derive true interpretation, we have to go into the intentions behind adopting the law,” the bench observed.

The observation came when senior counsel for Bahria Town Karachi, Ali Zafar, argued that the court could not question intention of legislators behind the passage of a particular law.

Around 9,385 acres of land in 43 Dehs was consolidated by the MDA and handed over to the Bahria Town Karachi in 2015.

The purpose was to build a private housing society at a 25-minute drive from the Jinnah International Airport and 9km from the Karachi toll plaza on the Superhighway.

The court has postponed further proceedings till October 1.