The Supreme Court revealed its dismay regarding severe legal breaches during the transfer of agricultural land to a housing society in Rawalpindi nearly 20 years ago. The court highlighted egregious legal violations in the land merger for the Revenue Employees Cooperative Housing Ltd (RECHS), which involved over 2,830 kanals of land acquired in 2005. This parcel was subsequently passed to Bahria Town Ltd (BTL), then to the Defence Housing Authority (DHA) in 2007 for Askari 14 Rawalpindi’s development, against the advisement of the then-Punjab cooperatives minister.
Chaired by Chief Justice Qazi Faez Isa, the bench addressed grievances from individuals who paid for plots they never received. The justices questioned the rationale behind converting agricultural land for residential or commercial use, demanding explanations and relevant documents from BTL and DHA.
The court learned of a 2005 agreement between Bahria Town and RECHS, facilitated by a retired colonel, which led to the contentious land transfers. Chief Justice Isa criticized the dubious nature of these agreements, especially when the RECHS administrator’s tenure had lapsed, rendering him unauthorized for such deals. Additionally, the Punjab Advocate General admitted the former chief minister lacked the authority to bypass opposition to these land transfers.
Advocate Hassan Raza Pasha, representing Bahria Town, promised to attempt to address the petitioners’ complaints.
Chief Justice Isa lamented the widespread conversion of agricultural land into housing developments, underscoring the state’s role in safeguarding food security and the need for regulatory oversight. He warned of the socio-economic consequences of unchecked residential development, pointing out the shift from being a wheat exporter to an importer as a cautionary tale.
The court expressed reluctance to intervene in governance but stressed the government’s duty to contemplate and address these policy issues, emphasizing the importance of prioritizing the interests of ordinary citizens over those of influential developers.