Malik Ahmed Nawaz and others Versus Bahria Town (Pvt) Ltd thr. its G.M.

ORDER

In order dated 16 January 2024, certain facts were noted and eight questions were asked from the Registrar Cooperative Societies, Punjab, Defence Housing Authority ('DHA'), Bahria Town (Pvt) Ltd. ('Bahria Town') and Government of Punjab and they were directed to file their respective replies. In response the Registrar Cooperative Societies and Government of Punjab have filed CMA No.2181 of 2024, DHA has filed CMA No.2200 of 2024 and Bahria Town has filed CMAs No.2182 and 2183 of 2024.

2.The learned counsel representing DHA and Bahria Town, state that Bahria Town had transferred the land that it had acquired from the defunct Revenue Employees Cooperative Housing Society ('Society') to DHA by entering into a Trade Off Agreement dated 29 August 2007, which was executed with (1) Petro Trade (Pvt.) Ltd. a subsidiary of Habib Rafique (Pvt.) Ltd., through its Chief Executive Mr. Zahid Rafique, (2) Bahira Town, through its Chief Executive Malik Riaz Hussain, and (3) Defence Housing Authority, , through its Administrator Mr. Iftikhar Ali Khan. We are further informed that earlier an Agreement dated 17 February 2005 was entered into between Bahira Town and Col. (R) Abdullah Siddique, Administrator of the Society and the land of the Society was transferred to Bahria Town. The Agreement is on the letterhead of Bahria Town and provides that land shall be transferred to the members of the Society within a period of five years. However, well before the expiry of the said five years period Bahria Town is stated to have handed over the said land to DHA through the Trade Off Agreement.

3.Learned Advocate-General, Punjab states that the term of the Administrator of the Society had expired when he had entered into Agreement dated 17 February 2005, and that he was not authorized to enter into the said Agreement. He further states that the then Chief Minister of Punjab, namely, Mr. Pervaiz Elahi, had no power to exempt the application of the Cooperative Societies Act, 1925 and merger of the Society with Bahria Town and that the Minister of Cooperatives in writing had opposed it but his objections were not even attended to, and Mr. Pervaiz Elahi granted his approval.

4.We found it difficult to understand the nature of the said two Agreements and whether the same were legally executed also needs to be addressed by the parties thereto. It is also not clear what the parties thereto got pursuant to the said two Agreements and the monies, if any paid/received. Therefore, the said parties are directed to file concise statements attending to these queries with site plans, marking out the land with attached Google map where the land should also be marked. During the hearing the question also arose, whether public disclosure was made of the two Agreements.

5.We need to understand the Government of Pakistan's and the Provinces' policies, if any, with regard to the following:

6.There are apparently those who had paid for the land but did not get anything, then there are those who had paid for the land and did get land or receive money and then there are those who had paid for the land but were not satisfied with what was offered to them and did not receive either land or money. Respective details in this regard should be filed by Bahria Town. Learned counsel representing Bahria Town state that if an opportunity is granted, an effort will be made to resolve the grievances of the petitioners and others.

7.To be listed for hearing in the week of 29 April 2024 to 3 May 2024.