Transparency International Pakistan has invited Securities and Exchange Commission of Pakistan's (SECP's) attention to what it considers Bahria Town's illegal acts in the sale of plots in Margalla Enclave in Islamabad.
In a letter sent to the Chairman of SECP on January 6, the Chairman of Advisory Committee, TI Pakistan, Adil Gilani, while referring to Joint Registrar of Companies, SECP's letter of January 2 regarding a complaint against Bahria Town submitted in the Supreme Court of Pakistan by TI Pakistan has requested SECP, being the regulator of all companies in Pakistan, to examine acts of violation by Bahria Town, in public interest.
Copies of following seven annexures on the subject have also been enclosed: Annex-A. Advertisement of Bahria Town for the sale of plots in Margalla Enclave, Islamabad published in 'Daily Jang' on September 19 2011.
Annex-B. Public Notice of Capital Development Authority, published in 'Dawn' on September 21 2011, warning public that, neither any land is available or owned by any private housing scheme, nor CDA has issued NOC to any new private housing scheme in or around Sector E-11 and only CDA is mandated to open and develop residential schemes in the sectorial areas of Islamabad.
Annex-C. Copy of Section 10 of Competition Commission of Pakistan Ordinance 2009, 'Deceptive Market Practice', under which such act of Bahria Town is an illegal act, as the company is trying to sell an illegal product to public. Annex-D. Transparency International Pakistan "Contempt of Court" application against Bahria Town 61 story Icon Tower Karachi, in Sindh High Court under the Constitutional Petition No 1559 of 2009, which is being built in violation of Building laws of the Government of Sindh.
Annex-E TI Pakistan letter to Administrator DHA July 5, 2010 reporting Bahria Town's violations in procurement of Land from DHA Islamabad is against Public Procurement Rules 2004. Annex-F TI Pakistan letter dated 22/10/2010 to Chairman PAC, reporting Bahria Town's violations in procurement of Land from DHA Islamabad is against Public Procurement Rules 2004.
Annex-G. Copy of letter of DHA dated May 11, 2010 to Transparency International Pakistan, confirming Public Procurement Rules 2004 were not used by DHA in award of Contracts of thousands of plots to be developed by Bahria Town on 15000 acres land, under the pretext that Public Procurement Rules 2004 are not applicable on DHA Islamabad.
Annex-H. Ministry of Defence ("MoD") and GHQ letter for taking notice of complaints of such violations of PPRA, specially PAC complaint dated June 21, 2010 of violations of Public Procurement Rules 2004, and orders to all departments including all Defence Housing Authorities (DHAs), warning that head of the department/organisation shall be held personally accountable on any violation of Public Procurement Rules 2004, and ordering them to strictly follow Public Procurement Rules 2004.
Transparency International Pakistan has requested SECP to examine these serious acts of violations of Bahria Town, under the provisions of Section 18 SECP Ordinance, Prohibition of false statements, etc which states that no person shall, in any document, paper, accounts, information or explanation which he is, by or under this Ordinance, required to furnish, or in any application made under this Ordinance, make any statement or give any information which he knows or has reasonable cause to believe to be false or incorrect.