| Citation(s) |
|---|
| 2014 SLG 1308 2014 SLD 1308 2014 PLD 100 |
Supreme Court of Pakistan
Suo Motu Case No.9 of 2011, Constitutional Petition No.93 of2012 and Criminal Original Petition No.71 of 2013, decisiondated: 2-10-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C, J, IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Shehram Sarwar, Advocate Supreme Court and Zulfiqar Khalid Maluka, Advocate Supreme Court for the Applicants. Hafiz S.A. Rehman, Senior Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record and Junaid Iqbal, Secretary for the ETPB. Asim Hafee
Suo Motu Case No.9 of 2011, Constitutional Petition No.93 of2012 and Criminal Original Petition No.71 of 2013, decisiondated: 2-10-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C, J, IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Shehram Sarwar, Advocate Supreme Court and Zulfiqar Khalid Maluka, Advocate Supreme Court for the Applicants. Hafiz S.A. Rehman, Senior Advocate Supreme Court, Raja Abdul Ghafoor, Advocate-on-Record and Junaid Iqbal, Secretary for the ETPB. Asim Hafee
SUO MOTU ACTION REGARDING ILLEGAL SELLING OUT THE AUQAF PROPERTIES BY THE CHAIRMAN EVACUEE TRUST PROPERTY BOARD: In the matter of
Law:
Section:
(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)---Ss. 4(2) & 3 ---- Constitution of Pakistan, Art. 184(3)---Exercise of suo motu jurisdiction the Supreme Court and petition under Art.184(3) of the Constitution regarding alleged irregularities in the sale of evacuee property by the Evacuee Trust Property Board ("ETP Board") to Defence Housing Authority ("DHA")---Corruption and corrupt practices ---Charitable Institutions---Evacuee Trust Property Board, functions of----Scope---Request of DHA to acquire Evacuee Trust land was considered by the ETP Board; and approval was given to the proposal that ETP Board's lands be given to DHA in exchange for developed residential and commercial plots; where 33% ownership of the land transferred was to be given to ETP Board in the shape of residential plots in addition to a certain number of commercial plots---Subsequently the ETP Board was twice reconstituted and a new Chairman was appointed on a honourary basis; and the matter was reconsidered and it was agreed by the Board that only 25% of developed residential plots would be given to the ETP Board instead of the 33% per cent as agreed earlier for the reason, inter alia, that due to escalation of charges, DHA had revised its offer---Said proposal was given approval by the ETP Board as well as the Federal Government through the Ministry of Minorities Affairs and an agreement between ETP Board and DHA was concluded, and land was mutated in favour of DHA---Validity---From the material available on record, it could be, prima facie, concluded that without considering earlier recommendations of the Board, that was, exemption of 33% of plots as per offer of DHA (dated 20-7-2007); and without determining the terms and conditions by the Federal Government through the Ministry of Minorities Affairs, the ETP Board had agreed to accept 25% of exempted residential plots instead of 33%; for which reason colossal loss had been suffered by the Evacuee Trust Property Board---Perusal of comparative analysis report of the FIA, indicated that the deal suffered from corruption, and corrupt practices, and was in violation of rules and regulations applicable thereto…
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