The Islamabad High Court has put the federal government and the management of a housing society on notice for failing to implement Supreme Court orders in a multi-billion land scam relating to the society.
Justice Noorul Haq Qureshi issued notices to the Federation through the Establishment Division secretary and the National Police Foundation (NPF) managing director to submit responses within two weeks.
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The court on Wednesday issued the notices on an appeal filed by Masroor Sarwar Khan, one of 59 affected people of the NPF housing scheme praying the court to order the respondents to implement the apex court’s October 31, 2013 judgment.
The SC had taken suo motu notice of the NPF scam in 2011 and had directed the police foundation to accommodate the petitioners within two months of the judgment being handed down, but it has been five months since the review petition order, and the respondent has still not complied.
The petitioner further claimed that the police foundation management is allotting plots to “influential members in NPF housing scheme in Sector E-11 in violation of the rights and the agreement.” The petitioner had entered an agreement with the respondent on May 26, 2011 that he will withdraw his petition in the SC due to the pendency of a review plea in the court.
The petitioner in his second plea has invoked the constitutional jurisdiction of the IHC, praying it to issue directions to the respondent to implement the apex court judgment, which itself ordered the implementation of the May 26, 2011 agreement, and allot one commercial plot to the petitioner and nine commercial plots to the other affected persons as compensation.
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The SC had taken suo motu notice of the issue on a news report published in The Express Tribune on January 30, 2011.
The story was based on an inquiry report submitted to the interior secretary that former Pakistan Muslim League-Nawaz MNA Anjum Aqeel Khan acted as a broker in connivance with four NPF officials to commit fraud to the tune of Rs6 billion in the procurement of land in E-11 for the housing society.
A case was registered in 2011 and the report was called from the interior ministry. During the inquiry, the NPF officials’ and the MNA’s statements were recorded. Khan gave an undertaking to surrender a piece of land and to pay for 126 kanals.
Apart from illegalities committed by the office bearers of the NPF in connivance with Khan, the allotment of plots in the housing scheme was made in violation of bylaws and other conditions, the SC judgment stated.
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In addition, it stated, the Board of Directors (BoD) had gone ahead without observing any legal or codal formalities such as advertising in the press and without framing any bylaws for the allotment of plot, while poor policemen are still facing hardships in finding housing.
The land earmarked for public parks was converted into plots for allotment to the IG, DIG, SSP, and other police officers, it added.
The illegalities and irregularities in the procurement of land committed by the BoD in connivance with Khan are worst examples of corruption and corrupt practices and all those who are responsible are liable to be penalized in accordance with the law, the judgment read.
The court had also authorised the recovery of the lost amount through coercive measures.
In its review petition order, the apex court had ordered Khan to fulfil his outstanding liability of 126 Kanals of land as stated in an undertaking by him through an agreement dated 27.5.2011.
The SC had ordered that if he was not in a position to provide 126 Kanals of land to the NPF, he must pay the full market price for 88 developed plots in accordance with the 54:46 ratio formula of the CDA.
Published in The Express Tribune, December 3rd, 2015.
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