State land occupation case: CJP asks Packages Industries to deposit Rs500m with SC

LAHORE: Chief Justice Mian Saqib Nisar on Saturday directed the owners of Packages Industries to deposit Rs500 million in the Supreme Court as a token amount, which, later on, would be adjusted against the unpaid rent for using the state land after the expiry of lease in 2015.

A two-member SC bench, headed by the chief justice, also ruled that the subject land leased out to the industry would be put to sale through open bidding, instead of extension in the lease deed.

A civil society member, Abdullah Malik, had filed an application with the court, challenging occupation of state land measuring 231 kanals and 19 marlas by the Packages Industries despite expiry of the lease. He complained that the industry had not been paying a single penny to the government for the said piece of land, and had also established a shopping mall on it in violation of the law.

Senior lawyer Dr Pervez Hassan appeared on behalf of Syed Babar Ali and stated that the land was first given to his client in 1955 on a 30-year lease for the purpose of establishing industry. The lease was extended for another 30 years in 1985 while an application for the extension of the lease was pending with the authority concerned since 2015, he added.

However, the counsel maintained that the shopping mall had not been constructed on the leased land but on the purchased land.

Chief Justice Mian Saqib Nisar took strong notice of the inordinate delay in decision on the application for extension of the lease. He said the officials involved in the delay had been enabling the industry to prolong its possession on the land unlawfully.

Later on, Lahore deputy commissioner and Member Colonies, Board of Revenue (BoR), appeared on the court orders. Explaining the delay in making a decision on the application, the Member Colonies said that the government had not made any policy to revise the leases of the state land and had decided to auction them.

The bench observed that the inaction on the part of the government officials caused an annual loss of Rs200 million to the national exchequer.

Dr Hassan assured the chief justice that his client was ready to pay rent for the land’s possession after the expiry of lease whatever the court would determine the amount.

At this, the CJ directed the counsel to deposit Rs500 million with the court within a week as a token amount for the rent to be determined by a team of banks surveyors. He also asked the counsel to submit by Monday a list of top five banks surveyors to be selected for the purpose of ascertaining the amount of the rent.

The chief justice also directed the BoR to hold demarcation of the land to examine whether the industry had encroached on any state land.

Meanwhile, the court also issued notices to the lessees of 32 petrol pumps in Lahore who, according to the deputy commissioner, had been holding the possession of the land despite cancellation of their lease in 2017.

Tiffi Butt property: Chief Justice Mian Saqib Nisar Saturday took a disputed property into judicial custody, currently possessed by notorious gangster Khwaja Tareef Gulshan alias ‘Tiffi Butt’, and ordered the Punjab Forensic Science Laboratory to examine the ownership documents.

A two-member SC bench, headed by CJ Mian Saqib Nisar was hearing a petition, filed by a woman, Humaira Khawar, who was purportedly dispossessed of her property by Tiffi Butt, at Supreme Court Lahore Registry. Justice Ijazul Ahsan was the other member of the bench.

As proceedings commenced, the CJ sought personal appearance of Tiffi Butt, who turned up in a while.

“What is your name,” the CJ asked.

Tiffi told the court his name was Tareef Butt.

“I heard you illegally occupied the property. There is an application against you,” the CJ asked?

Tiffi said he had not occupied the land and he would surrender the property if the ownership was proved against him.

“No one will be allowed to illegally occupy someone’s property,” the CJ made clear to Tiffi Butt, adding that the property would go to the person who would prove the ownership.

The petitioner told the court that a property of 3-kanal and 6-marla was in the possession of her family (uncle Abdul Qayyum) since 1952 to May 3, 2017 at Androon Kashmiri Gate.

In 2012, they came to know that forged documents of one kanal of their property had been prepared in the name of one Rana Ashfaq. Later 1-kanal had been transferred to several buyers. She said her family had been dispossessed by Mr Butt.

At this, SP City Muhammad Maaz Zafar told the court that the stance of the woman was correct to the extent that the property was in her family’s possession till 2017, which had been allotted by the Lahore Improvement Trust.

SP Maaz disclosed that Tiffi Butt party, in connivance with the police officials, occupied the property. He pointed out that in an inquiry, conducted by the police officials, it was found that 1-kanal had been left for parking purpose by Abdul Qayyum. He said there is a gang behind occupation of the property led by Tiffi Butt.

The CJ directed Mr Butt to vacate the property making clear he would not let anyone to occupy someone’s land.

SP Maaz implored the court that it has been proved in the inquiry that Tiffi Butt was the mastermind behind the whole drama. He said departmental action had been taken against one SHO Rana Amjad over his misconduct as he was involved in benefiting the Butt party in grabbing property.

The CJ finally taking the property into judicial custody ordered Punjab Forensic Science Laboratory to examine the documents and submit report by January 11. The CJP directed SP City Maaz to seal the property.