Punjab Assembly speaker Chaudhry Pervez Elahi on Tuesday sought time to file reply in a case of approving demarcation of forest land in Takht Pari near the federal capital as well as allotment of land to his near and dear ones. A five-member larger bench of the apex court headed by Chief Justice Mian Saqib Nisar was hearing Bahria Town review petition against the apex court judgement that declared encroachment of Bahria Town upon forest land in Takht Pari area near Islamabad as illegal.
Pervaiz Elahi appearing in person said that he received the notice last night and as this is 13 years old case and he also does not have the official record. The Chief Justice asked whether under the law he had power to approve the land demarcation.
The Punjab speaker said being the chief minister he had not given favour to anyone but worked honestly. The Chief Justice said 2,210 acres of land were transferred to Bahria Town but in the record it was shown that 1,741 acres were given to Bahria Town. He said in return Malik Riaz gave plots to Chaudhry Shujaat Hussain, Begum Shujaat Hussain, Chaudhry Wasiq and Chaudhry Munir, one of employees of Chaudhry family.
The Chief Justice inquired from Pervez Elahi if the NAB or FIA should be directed to investigate the matter or a joint investigation team to be constituted. The Chief Justice ordered the SC office to provide copy of apex court judgement to the speaker.
On May 4, 2108 the Supreme Court had released its separate judgments, declaring procurement of land by Bahria Town for its housing projects across the country as illegal including its encroachment upon forest land in Takht Pari near the federal capital.
"We declare that the area of Takht Pari is 2,210 acres of land; that exchange of land purportedly encroached by Bahria Town and the forest department and attestation of mutations in this behalf being based on an erroneous assumption about the area is against the law and the record and as such of no effect and the order passed in SMC no. 3 of 2009 is recalled," the court had ruled in the verdict.
During the proceedings, Aitzaz contended that it is wrong to assume that total land of the forest was 2,210 acres but the actual figure is 1,741 acres as per land record of 1956. Justice Ijaz-ul-Ahsan, another member of the bench, however, observed that that the area spans over 2,210 acres of land.
"The court after going through 1956, 1957 and other relevant records came to conclusion that the total land of forest was 2,210 acres," Justice Ijaz said.
Barrister Aitzaz Ahsan also contended that the judgement is per incuriam as one of the judges of the bench gave dissenting note.
The court, however, observed that it was a majority judgement. Justice Saqib observed that majority judgment is not per incuriam.
"This is not a valid point and we are not taking this as valid," the CJP remarked and repeatedly asked Ahsan to produce those documents
that could be helpful for review of the apex court judgement.
"We will not proceed until you take us to those documents," the Chief Justice asked Ahsan.
He questioned under what authority, former Chief Minister Punjab Chaudhry Pervez Elahi approved the demarcation of forest land that resulted in transferring to Bahria Town and later on the former CM also allotted land to his family members.