In the last hearing, the court had turned down Bahria Town's offer of Rs 358 billion for over 16,000 acres of land in Karachi for developing housing society. Barrister Ali Zafar, the counsel for Bahria Town, had offered Rs 150 billion for 7,068 acres, and Rs 208 billion for 9,828 acres to be paid in instalments in eight years.
A three-judge bench, headed by Justice Sheikh Azmat Saeed, heard the implementation of the apex court judgement on the Bahria Town projects in Karachi, Muree and Rawalpindi.
On May 4, 2108, the Supreme Court with a 2:1 majority verdict ordered Bahria Town not to sell or purchase any plot, built-up unit and apartment, etc, after the announcement of this verdict. The review petitions of Bahria Town have also been dismissed.
Justice Azmat accepting the request of Ali Zafar to adjourn the case until February 14 said "the window of opportunity is squeezing". Addressing Prosecutor General NAB Syed Asghar Haider, he said: "Why has NAB gone in hibernation?"
The bench ordered National Accountability Bureau (NAB) to proceed with finalising references against Bahria Town in the matter related to exchange of land with Malir Development Authority (MDA).
The court reminded PG NAB that during one of the last hearings, the NAB had assured the court that it had completed its investigations and even references were ready but being vetted. The final references, however, would be ready in two to three weeks. Then the court had ordered NAB to continue with its investigations which it had initiated against the land developer in line with the directions issued under the May 4 judgement.
The prosecutor general replied that NAB is waiting for the outcome of settlement between the land developer and the Sindh government and that is the reason the references are not filed.
Justice Azmat clarified that the pendency of the matter before the Supreme Court will not preclude NAB to proceed under the law against the land developer.
Advocate Azhar Siddique pleaded before the court not to issue any directions to NAB since they vitiate the atmosphere and create panic-like situation in the
market that dips the prices of lands.
When the counsel asked the court that his client wants to furnish objections on the report filed by NAB, Justice Azmat stated that the NAB has filed a progress report on which the court is not inviting any objection because it did not want to prejudice the trial which would be commenced by any accountability court.
"It is not our job but of the trial court to decide the references," Justice Azmat said.
Proprietors of three authorised dealers of Bahria Town namely Masoodul Ahsan Alvi of Prism Marketing, Mohammad Nadir of Messers Cosmos and Atif Ullhani of Tri-Star also appeared before the court on Tuesday on court notices along with their staff. They all were represented through Advocate Sardar Mohammad Aslam who told the court that balloting had already been carried out.
The court ordered them to furnish complete data from day one when the project was launched after retrieving the same from their respective computers about the total number of plots, bookings made and the total number of amounts transacted.
The court in its May 2018 judgement declared the grant of land to Malir Development Authority (MDA) by the Sindh government and its exchange with the land of Bahria Town illegal. With regard to Bahria Town Rawalpindi, the court held Bahria Town responsible for encroachment on forest land in the Takht Pari area near Islamabad. About New Murree Development Scheme, the court said, "We do not understand how suitable chunks of land were chosen and taken possession of without having recourse to legal proceedings and without the permission of the government in gross, grave and glaring violation of the law governing the partition of such land." The case was adjourned until February 14.