| Citation(s) |
|---|
| 2019 SLG 1101 2019 SLD 1101 2019 SCMR 703 |
Supreme Court of Pakistan
Civil Misc. Application No. 8758 of 2018 in Civil Misc. Application No. 376-K of 2014, Civil Misc. Application No. 9963 of 2018 in Civil Misc. Application No. 8758 of 2018, Civil Misc. Application No. 10096 of 2018 in Civil Review Petition No. 288 of 2018
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE MUNIB AKHTAR, JUSTICE
Syed Asghar Haider, Prosecutor General, NAB, Jehanzeb Bharwana, Additional Prosecutor General, NAB, Nayyar Rizvi, Addl. P.G. NAB and Imran-ul Haq, SPl. Prosecutor, NAB for NAB (in C.M.A. No. 8758 of 2018). Farooq H. Naek, Sr. Advocate Supreme Court, Zaki
Civil Misc. Application No. 8758 of 2018 in Civil Misc. Application No. 376-K of 2014, Civil Misc. Application No. 9963 of 2018 in Civil Misc. Application No. 8758 of 2018, Civil Misc. Application No. 10096 of 2018 in Civil Review Petition No. 288 of 2018
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE MUNIB AKHTAR, JUSTICE
Syed Asghar Haider, Prosecutor General, NAB, Jehanzeb Bharwana, Additional Prosecutor General, NAB, Nayyar Rizvi, Addl. P.G. NAB and Imran-ul Haq, SPl. Prosecutor, NAB for NAB (in C.M.A. No. 8758 of 2018). Farooq H. Naek, Sr. Advocate Supreme Court, Zaki
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Law: Malir Development Authority Act, 1993
Section: 4,8(2)(iii),9,14
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 10(2A),10(4),17
Malir Development Authority Act, 1993 (XI of 1994)--- ----Ss. 4, 8(2)(iii), 9 & 14---Colonization of Government Lands Act (V of 1912), Ss. 10(2A), 10(4) & 17---Implementation of of the Supreme Court reported as Syed Mehmood Akhtar Naqvi and others v. Malik Israr, Sr. Member Board of Revenue Sindh and others (PLD 2018 SC 468)---Private housing society---Illegalities in adjustment of Government land with land belonging to a private real estate developer ('the developer')---Value of the Government land far higher than the value of the private land exchanged---Settlement offer made by developer accepted by the Supreme Court---Protection of rights of third parties/allottees---Some development work had been undertaken by the developer upon the land in question and it was claimed, though not verified, that several hundred billions of rupees had been expended, in such behalf---Developer was prepared to pay the price of the land in question and complete the project thereby guaranteeing the protection and preservation of third party rights and also ensuring that reasonable value of the land went into the public exchequer---Most efficient way of securing the rights of third parties i.e. the allottees was through the completion of the project and handing over the developed plots and/or completed constructed units, as the case may be, to such allottees---Tentative financial advantage/monetary benefit that would be gained by the developer from the land in question as calculated by the Supreme Court was Rs. 360 billion---Developer had made an offer of Rs. 460 billion to be paid within a period of seven years for settlement of the case in question, which process had the blessings and consent of the Provincial Government and the concerned Development Authority---Supreme Court accepted the offer of 460 billion made by the developer and directed that National Accountability Bureau (NAB) shall not file a Reference against the developer for the time being, however, if there was any default in making payments in terms of present order or if otherwise there was any violation of the terms and conditions of the offer, NAB shall immediately file said Reference, which shall be…
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