IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
 
 
Present: 
 
 
 
 
Mr. Justice Amir Hani Muslim 
 
 
 
 
Mr. Justice Mushir Alam 
 
 
C.M.A No.376-K OF 2014 IN SMC No.16 OF 2011 
(Application against the illegal adjustment in Revenue Record Land is being 
given to Bahria Foundation, filed by Syed Mehmmod Akhter Naqvi) 
 
C.M.A No.450-K OF 2014 IN SMC No.16 OF 2011 
(Objection in CMA no.408-K/2014 filed by Syed Mehmood Akhtar Naqvi) 
 
C.M.A No.275-K OF 2014 IN C.M.A No.376-K OF 2014 
(Written arguments on behalf of the Senior Member Board of Revenue, Sindh) 
 
CRL.O.P. No.20-K OF 2014 IN C.M.A No.376-K OF 2014 
(Syed Mehmood Akhtar Naqvi  Vs. Malik Israr, Sr. Member Board of Revenue Sindh) 
 
CRL.O.P. No.21-K OF 2014 IN C.M.A No.405-K OF 2014 
(Syed Mehmood Akhtar Naqvi  Vs. M. Ali Shah, Dy. Commissioner, West Karachi) 
 
CRL.O.P. No.22-K OF 2014 IN C.M.A No.406-K OF 2014 
(Syed Mehmood Akhtar Naqvi  Vs. Muhammad Qazi, Dy. Commissioner, Malir) 
 
CRL.O.P. No.23-K OF 2014 IN C.M.A No.408-K OF 2014 
(Syed Mehmood Akhtar Naqvi  Vs. Muhammad Sohail, DG, MDA. Karachi) 
 
C.R.P. No.32-K OF 2015 IN C.M.A.376-K OF 2014 
(Muhammad Sohail  Vs.  Syed Mehmood Akhtar Naqvi and another) 
 
 
 
For the Petitioner : 
Syed Mehmood Akhter Naqvi (in-person) 
 
For Respondents : 
Mr. Farooq H. Naek, Sr.ASC. for BOR. 
 
 
 
 
Ch. Aitzaz Ahsan, Sr.ASC, for Private  
 
 
 
 
Respondents.  
 
 
 
 
Mr. K.A Wahab, AOR. (C.M.A.502-K/16) 
 
 
 
 
Dr. Raana Khan, AOR, (Crl.O.P.6-K/16). 
 
 
 
 
Mr. Zameer Ghumro, A.G, Sindh. 
 
 
 
 
Mr. M. Siddiq Memon, Chief Secretary,  
 
 
 
 
Sindh. 
 
 
 
 
Mr. Rizwan Memon, Sr.Member, BOR. 
 
 
 
 
Mr. Waqas Qadeer Dar, P.G, NAB. 
 
 
 
 
Mr. Imtiaz Tajwar, Acting Chairman, NAB. 
 
 
 
 
Mr. Naeem Siraj, DG, NAB Sindh. 
 
 
 
 
Syed Amjad Ali Shah, DPG, NAB. 
 
 
 
 
Mr. Qamar Abbasi, Deputy Director, NAB. 
 
 
 
 
Dr. Muhammad Usman Chachar, Secretary,  
 
 
 
 
Services, Sindh. 
 
 
 
 
Mr. Baqaullah Unnar, Secretary, Local Govt 
CMA.376-K/2014 etc 
2 
 
 
 
 
Mr. Imran Atta Soomro, D.G, M.D.A. 
 
 
 
 
Mr. M. Irfan, Law Officer, M.D.A. 
 
Date of hearing 
: 
01-08-2016. 
 
O R D E R   
 
 
 
The Prosecutor General, NAB, has filed interim report 
dated 25.07.2016 (confidential), alongwith a copy of the survey report 
dated 20.07.2016, prepared by the Ministry of Defence, Directorate of 
Survey of Pakistan. It is contended by the learned Prosecutor General, 
NAB, that after the order dated 24.05.2016, passed by this Court, the 
Survey of Pakistan, was approached by the NAB, for demarcation of 
the land in actual possession of the Bahria Town. 
 
2. 
 
The Director of Survey of Pakistan responded to the 
request of the NAB and after notices to the Board of Revenue Sindh, 
Survey and Settlement Department, Sindh, Malir Development 
Authority (M.DA.), Deputy Commissioner, Malir, and the Bahria 
Town Karachi, conducted joint survey in presence of the 
representatives of the aforesaid organizations and compiled report, 
copy of which was supplied to the NAB authorities and has been placed 
before us. The Senior Member, Board of Revenue, states that they have 
not received any copy of the said report. We direct the NAB authorities 
to supply copies of the survey report to the Senior Member, Board of 
Revenue, Mr. Aitzaz Ahsan, learned Sr.ASC, for officials of Bahria 
Town, Mr. K.A Wahab, AOR for the Bahria Town and Syed Mehmood 
Akhter Naqvi, the Applicant, who request to file their objections if they 
CMA.376-K/2014 etc 
3 
deem it appropriate. The confidential report dated 25.07.2016 
submitted by the NAB, shall be kept in sealed envelopes by the office.  
 
3. 
 
According to the survey report, the M.D.A has exchanged/ 
consolidated 9140.260 Acres of land to Bahria Town. The survey report 
contains a portion of green colour with black lines, reflecting that 
M.D.A has consolidated a piece of land measuring 244.925 Acres 
which the Bahria Town has not yet developed. The survey report further 
shows that the total land consolidated by the M.D.A and handedover to 
the Bahria Town is 9385.185 Acres. The portion marked with pink 
colour as “A” reflects that the Bahira Town has developed 386.276 
Acres of land which has not yet been consolidated by the M.D.A. The 
portion of survey report in pink colour marked as “B” reflects that 
Bahria Town has developed an area of 1975.059 Acres which though 
developed by the Bahria Town has not been consolidated by the M.D.A. 
Another portion of the survey report marked as “C” in pink colour 
shows that the land measuring 410.444 Acres has been developed by 
the Bahria Town, but has not been consolidated by the M.D.A. The 
survey report shows that total land developed/under development but 
not consolidated by the M.D.A comes to 2771.79 Acres. In this respect, 
total area of land of Bahria Town reflected in the survey report comes 
to 12156.964 Acres.  
 
4. 
 
We have inquired from the Chief Secretary, Senior 
Member, Board of Revenue, and the Advocate General, Sindh, to 
satisfy us under which law the M.D.A is competent to exchange private 
CMA.376-K/2014 etc 
4 
lands with the lands falling in the area which is reserved as corridor 
area, they could not offer any explanation and submit that no such 
powers are available with the M.D.A to allot or exchange the private 
land with the State land. It has come on record that no portion of the 
land pertaining to the subject matter has ever been allotted and or part 
in possession under Section 10(4) of the Colonization of Government 
Lands Act, 1894, by the Sindh Government to the M.D.A, which fact 
was confirmed by the Senior Member, Board of Revenue and 
incorporated in the order of this Court dated 09.03.2016, which reads 
as under: - 
“We are informed by the Chief Secretary, Sindh that the Sr. Member, 
Board of Revenue has proceeded to Islamabad on account of some 
family emergency and will be back by today evening. Since the matter 
relates to the Board of Revenue, therefore, we deem it necessary that he 
should appear before the Court tomorrow before any Order is passed in 
this matter. We are further informed that in compliance with the Order 
passed yesterday, Mr. Muhammad Sohail who was assigned the look 
after as D.G. MDA has been de-notified. The Sindh Government is 
directed to appoint any officer of their choice, eligible for the post of 
D.G. MDA, within one week. In the intervening period, the Secretary, 
Local Government will have the additional charge.  
3. 
We restrained the MDA from allotting and/or dealing with the 
land in any manner whatsoever till further orders. The Sr. Member, 
Board of Revenue yesterday, while present in Court, has disputed the 
authority of the MDA to allot or otherwise deal with the land with anyone 
as, according to him, the land was neither allotted nor given possession 
to the MDA. According to the Sr. Member, Board of Revenue, the land 
within MDA is fully owned by Sindh Government. Beside the aforesaid 
reason, this Court on 28.11.2012 has passed restraining order restricting 
the powers of authority from allotting state land to anyone. This 
restraining order also applies to all the authorities under Sindh 
Government who claimed their title from the state/Board of Revenue.” 
 
5. 
 
After going through the survey report dated 20.07.2016, 
we, in order to safeguard the public interest and to avoid multitude of 
proceedings, are constrained to pass the following interim order:-  
CMA.376-K/2014 etc 
5 
(i)  
the Bahria Town is restrained from undertaking 
any development activity in the area demarcated 
with green colour with black lines on it measuring 
244.925 Acres and or to deal with this portion of 
land with any person or organization in any 
manner whatsoever;  
(ii)  
the Bahria Town is further restrained from 
undertaking any development activity on the 
portion marked as “A” with pink colour measuring 
386.276 Acres, which is not consolidated by the 
M.D.A, with further restriction to deal with this 
portion of the land in any manner whatsoever; 
 (iii)  
the Bahria Town is restrained from undertaking 
any development activity on the area marked as 
“B” with pink colour measuring 1975.059 Acres, 
which as per survey report has not been 
consolidated by the M.D.A and to deal with the 
land in any manner whatsoever;  
(iv)  
the Bahria Town is further restrained from 
undertaking any further development activity on 
the area marked as “C” with pink colour 
measuring 410.444 acres and or to deal with the 
land in any manner whatsoever;   
(v)  
the Bahria Town is further restrained from raising 
any further development activity in area 
measuring 2771.779 Acres, which has not been 
consolidated by the M.D.A and to deal with the 
land in question in any manner whatsoever;  
(vi)  
the M.D.A is restrained from consolidating any 
further portion of the private land of the Bahria 
Town or any other private enterprise under the 
CMA.376-K/2014 etc 
6 
garb of exchange of land in exercise of their 
powers conferred on them under the M.D.A Act 
or the Rules framed thereunder;  
(vii) 
We further restrict the Board of Revenue, 
Government of Sindh, from dealing with the land 
of M.D.A or any other Authority which is subject-
matter of these proceedings in any manner 
whatsoever in defiance of the order of this Court 
passed by a five Member Bench of this Court on 
28.11.2012;  
(viii) 
the M.D.A is restrained from dealing with the land 
which are subject-matter of survey report either 
with Bahria Town or with any other organization 
in any manner whatsoever;  
(ix) 
defiance of the interim orders passed hereinabove 
by any of the organization whether public or 
private 
shall 
expose 
them 
to 
contempt 
proceedings.  
 
6. 
 
In order to ensure that no further construction or 
development activity is carried out on the land specified hereinabove, 
we direct the NAB authorities through the Prosecutor General that they 
should immediately if possible by tomorrow obtain google earth 
maps/images of the entire land stated to be in possession of the Bahria 
Town as per the survey report and submit the same for record 
 
7. 
 
In fact on 28.11.2012, a five member Bench of this Court, 
has initially passed an order restraining the Sindh Government from 
dealing with the State land, relevant portion of which is reproduced 
hereunder:- 
CMA.376-K/2014 etc 
7 
“7. 
Under these circumstances, we are constrained to 
direct that the Deputy Commissioners/District Coordination 
Officers of Sindh, to ensure that immediately the entire 
revenue record of all the district is kept in the custody of 
Mukhtiarkar in terms of the directives contained in the 
aforesaid judgment of the High Court and shall not be 
removed from the office of the Mukhtiarkar to any other 
place. Moreover, mindful of rampant corruption and 
organized crime of land grabbing, particularly, regarding 
prime state land, and mismanagement/forgeries in the 
revenue record, we hereby, until further orders restrain the 
Government/Revenue Department from mutation, allotment, 
transfer and or conversion of any state land and or keeping 
any transaction or entry in the record of rights in this regard 
in revenue record of Sindh or till the entire revenue record 
in Sindh is reconstructed. The conversion of lease for 30 
years or of any term upto 99 years shall also be stopped 
immediately as by this mode the state land is being sold out 
at a throwaway price without participation of public at 
large, which the law does not permit. Any further conversion 
or mutation of state land in the record of rights from today 
onwards would be deemed nullity and would expose the 
Deputy Commissioner/DCO of the relevant districts/dehs 
besides others to contempt proceedings.  
 
8. 
 
Today, the learned Counsel representing the Senior 
Member, Board of Revenue, and Ch. Aitzaz Ahsan, learned Sr.ASC, 
have submitted that the aforesaid restraining order was modified, by 
order dated 23.06.2014, passed by a three Member Bench, relevant 
portion of the said order is also reproduced hereunder:- 
Learned Advocate General, Sindh, submits that the order of 
this Court regarding stay of allotments, mutations, transfer 
and conversion of any state land is being complied with in 
letter and spirit.  
 
CMA.376-K/2014 etc 
8 
6. 
We may at this stage clarify that this order staying 
the allotment/grant of leases was meant to ensure that the 
land is not either leased out or allotted for reasons other 
than bona fide and to land grabbers and this would not 
prevent the competent authority in the Federal or 
Government of Sindh to allot or lease out land for a project 
approved by the concerned authority which is directed 
towards establishment of any industry or automotive plant 
or power generating plant or any other initiative in public 
interest and in accordance with law and the relevant rules. 
The learned Advocate General, Sindh, shall convey this 
order to the Chief Secretary and all the provincial 
secretaries to ensure that the earlier order is not 
misconstrued and no such project is held up on that account.  
 
9. 
 
We may clarify that the aforesaid order dated 23.06.2014 
was obtained by misleading the Court on the pretext that re-writing/re-
construction of the record has been completed by the Sindh 
Government. Today, the Senior Member, Board of Revenue, concedes 
that the reconstruction and rewriting of the record has not been 
completed till date. We hold that the order dated 28.11.2012, passed by 
a five Member Bench of this Court, was never modified and holds the 
field.  
C.M.A.No.502-K of 2016. 
10. 
 
This Application is allowed, subject to all just exceptions.  
Crl. Original Petition No.6-K of 2016. 
11. 
 
The Secretary, Local Government, Sindh, states that 
Sohail Ahmed Khan, who was previously D.G, M.D.A, was appointed 
initially in BS-16 in the Sindh Local Government Department. This fact 
has been confirmed by the Secretary, Services, Government of Sindh, 
CMA.376-K/2014 etc 
9 
therefore, in terms of judgments of this Court reported as Contempt 
proceedings against Chief Secretary, Sindh (2013 SCMR 1752) and Ali 
Azhar Khan Baloch vs. Province of Sindh (2015 SCMR 456), he shall 
be denotified and shall report back to his parent department. He, 
however, shall be entitled to the seniority with his batch-mates as 
determined by the judgments of this Court referred to hereinabove. 
Likewise, any other official/officer working on deputation or otherwise 
absorbed in the M.D.A shall immediately report back to his parent 
department, failing which the D.G, M.D.A, and the Secretary, Local 
Government, who is the administrative head of the M.D.A, shall be 
exposed to contempt proceedings besides the beneficiary, who is still 
continuing in the M.D.A. 
 
12. 
 
Copy of this order be faxed to the Chief Secretary, 
Government of Sindh, D.G, M.D.A, the Prosecutor General, NAB, Ch. 
Aitzaz Ahsan, learned Sr.ASC and Mr. K.A Wahab, AOR 
(C.M.No.502-K of 2016). 
 
 
 
 To come up after two months.  
 
 
Judge 
 
 
 
Judge 
 
 
 
 
 
Islamabad the,  
01-08-2016 
Not approved for reporting.  
Sohail/**