ISLAMABAD: National Bank of Pakistan has been directed to remit the amount received in foreign remittance in the Supreme Court account, maintained for Bahria Town Limited Karachi (BTLK) installments, to the federal government and the balance amount is transferred, to the Sindh government.
The bank has been ordered to convey the confirmation of transferring of amounts to the federal and the Sindh governments account to the Registrar Supreme Court.
The court dismissed the request of Advocate General Sindh to also give the amount of foreign remittance to provincial government. The chief justice said that if the Sindh government wants that amount as well then it should approach the federal government.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprised Justice Amin ud din Khan and Justice Athar Minallah on Thursday heard Bahria Town Limited applications that installment payment be not received as the Malir Development Authority has not allotted the promised land 16,896 acres for developing their housing society on it. The bench turned down BTLK applications.
The apex court through its order dated 21st March 2019 had fixed Rs460 billion for the land, provided by Malir Development Authority.
The consent order stipulated that payments will be made by the Bahria Town alone. The order mentioned the period within which it was to be paid, the mode of its payment, and that if two consecutive installments or three installments in toto were not paid it would constitute a default.
The court was informed that of the agreed amount Rs460 billion total amount received to-date in the Supreme Court account was Rs65 billion.
National Accountability Bureau (NAB) Prosecutor General asked the court to pass order regarding 190 UK Pound received during the Pakistan Tehreek-e-Insaf government, but that was deposited in the Supreme Court account. The chief justice said; “We are conscious of our jurisdiction and want to clarify that the Supreme Court order 21-03-2019 subsists, and if any party does not comply that order then the order itself is clear what has to happen and appropriate action would follow.” In the last hearing the bench had issued notices to the persons and the entities from where money was received in the Supreme Court account regarding payment of installment of Rs460 billion. Aslam Butt told that he was representing Bahria Town Limited Karachi and Malik Riaz Hussain
In response to the notice only Mashriq Bank appeared before the Court through advocate Rashid Anwar. Aslam Butt informed that he had filed an application on behalf of his clients. It is stated in the application that NAB has constitution a team under National Accountability Ordinance 1999 and has issued notices with regard to 190 UK Pound.
Aslam Butt submitted that as the matter is pending before the NAB, therefore it no appropriate that the Court make any observation or pass any order in this regard. The Court therefore disposed of his application.
The chief justice said as none of the parties came forward despite its orders. It would be wrong that this Court retained the amount which is received in the Supreme Court account.
Therefore, order that the amount be remitted to the federal government and the Sindh government along with the mark-up.
Onset of the hearing, Advocate General Sindh Hassan Akbar submitted the survey report. He informed that the survey of the land under the possession of Bahria Town in Malir District was conducted by the Survey of Pakistan, which used the scientific instruments. It took three days to conduct the survey.
It was revealed in the report that Bahria Town Karachi has occupied 3,031 acres of additional land than what was agreed with the Supreme Court.
Earlier, Aslam Butt argued that BTLK has stopped the payment of installment as the promised land was not provided to it. He said that the MDA only provided 11474 acres, which it has committed to give 16896 acres to Bahria Town.
Copyright Business Recorder, 2023