SC issues notice to DHA in Bahria Town land allotment fee case
ISLAMABAD (92 News) – The Supreme Court of Pakistan on Thursday issued notice to Defence Housing Authority (DHA) in a case pertaining to Bahria Town’s land allotment practices.
A bench headed by Chief Justice of Pakistan Mian Saqib Nisar heard the case. During the hearing, the chief justice remarked that the issuing allotment letters is wrong and these all are illegal and proper registration should be done, as per the rule sale deed registration fees should be submitted.
Justice Nisar also remarked that the billions of rupees were owed to the government under the head of transfer fees. “You provide an allotment letter instead of a sale deed. You do not pay transfer fees and capital value tax,” he said.
“According to your calculation, to date Rs14 billion are due [to the government],” the chief justice said while adding that Bahria Town’s forensic audit should be done.
Bahria’s lawyer adopted a stance that providing buyers with an allotment letter instead of a sale deed is a practice that all housing societies have in common. “All housing societies do the same. DHA also follows the same practice,” he argued.
To reply, the chief justice said that Bahria Town is limited company and Cooperative Housing Society has many rights which are not equal to the limited company.
The top judge mentioned that Bahria Town applied all actions in inner side and the Bahria Town issued allotment letters till now all are wrong and proper registration should be done, then the rule shall apply to all housing societies.
The apex judge explained that the all Punjab housing societies have to pay dues worth of Rs2 billion within two years. Meanwhile, the chief justice stated, “Land cannot be transferred without a sale deed. Whatever has been done to date is illegal.”
“The payment of the complete fee for land registration is your responsibility,” the CJP added. The top judge ordered to summon DHA to the next hearing of the case, which will be held on December 13.