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Tuesday April 23, 2024

An NRO for land mafia?

The entire exercise was carried out in a hush-hush manner as government officials were forced to do it without much deliberation

By Umar Cheema
April 16, 2021
The Punjab government logo.

ISLAMABAD: In a display of indecent haste, Punjab government has promulgated an ordinance to regularise more than 6,000 illegal housing societies in return of a petty fine of two percent---a move being interpreted as an “NRO for the land mafia.”

The entire exercise was carried out in a hush-hush manner as government officials were forced to do it without much deliberation while a constitutional officer was instrumental in giving final touches to the draft and consent of the provincial cabinet was secured by circulating the draft. Several ministers related to the subject matter opted to abstain from voting and their silence was thus considered as if the answer was in the affirmative. One minister told The News he didn’t receive any summary seeking his comment.

“The Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021” has been promulgated in an apparent attempt to give a clean chit by levying two percent of the residential value on the non-conforming use of land. “It is a kind of blank cheque at two percent penalty,” said an official privy to the subject matter. According to him, there are more than 6,000 illegal housing societies; 1,500 of them fall in the purview of development authorities such as Lahore Development Authority, Rawalpindi Development Authority, Faisalabad Development Authority, Gujranwala Development Authority and Multan Development Authority etc. Remaining are in the purview of district governments and municipal corporations.

If internal official correspondence is taken a guide, this process was initiated by the Punjab chief minister who is also the minister in-charge of local government, and supported by the federal government which was so eager to see it translating into reality that the approval from cabinet was sought through the circulation of the draft as the update in this regard was “to be placed before the Prime Minister of Pakistan” and it was promulgated through ordinance because the Punjab Assembly wasn’t in session. This is despite the fact the issue of illegal housing society is old and any legislation in this respect could wait for the Assembly to come into session. A leading constitutional office-bearer, it has been learnt, gave final shape to the draft; although it was the job of the executive branch.

The Punjab Commission for Regularization of Irregular Housing Schemes, according to the ordinance, will have a retired judge of the Supreme Court or of a high court as its chairperson who will be appointed in consultation with the chief justice of the Lahore High Court. As many as four members will also form part of the commission--- a town planner, a civil engineer, an environmental expert and a legal expert. While the chairperson will be nominated by the chief justice, the provincial government will nominate the members.

Reading through the official documents, it appears the federal and provincial governments were at the same page. The concerns about irregular housing societies were raised by Lt Gen (R) Anwar Ali Hyder, Chairman Naya Pakistan Housing & Development Authority during National Coordination Committee meeting held on February 23 this year wherein the Punjab chief secretary proposed the setting up of a commission and subsequently a draft was prepared in no time by the Local Government Department and vetted by the Law Ministry.

It became a matter of such an urgent nature that CM Buzdar was “pleased to desire that the instant matter may be placed before the Provincial Cabinet, through circulation for the consideration/ approval” as the “update regarding the establishment of the Commission…is to be placed before the Prime Minister of Pakistan.” As the summary was circulated to secure the consent of the cabinet, several ministers abstained from giving their mind. Included among them were ministers whose departments were related to the subject matter like Finance, Revenue, Environment, Transport as well as Communication & Works.

The News tried to reach several of them but could only be able to speak with the Revenue Minister, Malik Muhammad Anwar. His response was rather shocking. “I haven’t received any such summary,” he said which meant to suggest he was kept in the dark. He said it might have been received by his staff and he would return after checking with them. He didn’t return. The News also tried in vain to reach the Environment Minister Muhammad Rizwan.

For that purpose, the government has interpreted as consent of the ministers who didn’t answer in the mandatory time period. “As the mandatory time period has elapsed and no observation/ objection has been received from any minister, it may be deemed that all ministers accept the recommendations contained in the summary,” reads a summary prepared for the Punjab chief minister. ‘The News’ also tried several times to reach Law Minister Raja Basharat whose ministry was instrumental in vetting the draft, he couldn’t be reached either nor Dr Firdous Ashiq Awan could be reached.