IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Ijaz Ahmed Chaudhry 
Mr. Justice Gulzar Ahmed 
 
Suo Moto Case No. 9 of 2011 
(Suo Motu action regarding illegal selling out 
the Auqaf Properties by the Chairman, 
Evacuee Trust Property Board) 
And  
Constitution Petition No. 93 of 2012 
And  
 
Crl. Original Petition No. 71 of 2013 
(Contempt proceedings against Shirjeel Shah 
Muhammad, CE, Highland Living Concept) 
 
 
For the applicant(s) 
: Mr. Shehram Sarwar, ASC  
Mr. Zulfiqar Khalid Maluka, ASC 
 
  
For Asif Akhtar Hashmi, 
ex Chairman ETPB 
: Nemo 
 
 
For the ETPB 
: Hafiz S.A. Rehman, Sr. ASC 
Raja Abdul Ghafoor, AOR 
Mr. Junaid Iqbal, Secretary 
 
  
For the FIA 
: Mr. Muhammad Azam Khan, Addl. D.G. 
Mr. Qudratullah Khan, Director (Pb) 
Mr. Naveed Tareen Dy.Director, Crime Circle 
 
  
For DHA, Lahore 
: Mr. Asim Hafeez, ASC 
 
  
For DHA Rwp/Islamabad 
: Col (R) Ejaz Hussain, Secretary 
 
  
For M/s Highland Living 
Concept 
: Kh. Muhammad Farooq, Sr. ASC with 
Sharjeel Shah Muhammad, CE 
(in Crl.O.P No.71/2013) 
 
  
For M/s Elysium Holdings 
Pakistan 
: Mr. Tariq Hassan, ASC 
Mr. Atif Amin, ASC 
Raja Abdul Ghafoor, AOR With 
Mr. Hammad Arshad, CE 
 
Date of Hearing 
: 25.07.2013 
 
 
SMC 9/2011 etc. 
 
2 
ORDER 
 
  
Iftikhar Muhammad Chaudhry, CJ.—  Instant case was 
initiated by exercising suo moto jurisdiction conferred upon this Court 
under Article 184(3) of the Constitution of Islamic Republic of 
Pakistan, on a letter sent by members of Sikh community stating 
therein that Mr. Asif Akhtar Hashmi, Chairman Evacuee Trust Property 
Board had been selling the evacuee property especially attached to 
their worship places. Copies of the news items published in daily 
“Jang” Rawalpindi, “The News” Islamabad dated 21.04.2010 and the 
Herald (March Edition) reporting the irregularities being committed by 
the Evacuee Trust Property Board (ETPB) were also attached with the 
letter. Initially, the matter was registered as HRC No.28464-K/2010 
and report was called from Chief Secretary, Government of Punjab on 
the matter mentioned in the said letter. The report was received from 
the Secretary, Ministry of Minorities, Government of Pakistan, 
Islamabad stating therein “that the allegation in the application have 
already been probed into by Public Accounts Committee, special Public 
Accounts Committee, Prime Minister, Inspection Commission and 
Special Audit. The allegations are nothing but to spoil the name of the 
department as well as the image of Pakistan. Furthermore, the matter 
in issue was also challenged in the Honourable Lahore High Court 
wherein it was dismissed”. On 16.04.2011, the matter was placed 
before one of us (Chief Justice of Pakistan) in Chambers for necessary 
orders, thus an order to the following effect was passed:- 
 
“Put up in court as petition under Article 184(3) of the 
Constitution. Notice to the applicant and Chairman, Evacuee 
Trust Board of Pakistan be issued…” 
 
SMC 9/2011 etc. 
 
3 
Resultantly, the matter was registered as SMC No.09/2013 and fixed 
before the Court.  
2. 
   
It is to be mentioned that Asif Akhtar Hashmi, former 
Chairman ETPB appeared in person on 7.5.2013 but on the next date 
of hearing i.e. 24.05.2013 his counsel appeared and when his 
attendance was required to be procured by passing a specific order, he 
did not appear on 7.06.2013. He engaged Mr. Hamid Khan, learned Sr. 
ASC to appear on his behalf, however, despite issuance of directions 
he failed to appear in person before the Court. Inasmuch as, his 
counsel submitted before the Court that the order of this Court, had 
been communicated to him. At one stage it was pointed out by his 
counsel that he could not manage to come back to Pakistan as he had 
deposited his passport in Dubai with the Saudi Embassy for performing 
Umra and sought adjournment enabling the latter to appear in Court. 
At his request, case was adjourned on different dates and ultimately 
on 14.06.2013 learned counsel stated that this Court accommodated 
him twice by adjourning the case with the observations to produce him 
but despite all his efforts he could not succeed, therefore, in principle 
it would not be fair for him to make any further request to the Court in 
this regard, hence, he would be allowed to withdraw from appearing 
before this Court on his behalf in this case. The request was allowed 
and at the same time DG, FIA was directed to effect service of the 
notice upon him. In the meantime, FIA submitted a report stating 
therein that Syed Asif Akhtar Hashmi was still abroad and the matter 
had also been referred to Interpol for the service of the notice upon 
him. Interpol authority in Pakistan, in reply, informed that he has 
SMC 9/2011 etc. 
 
4 
departed from UAE to UK on 14.06.2013, therefore, the matter was 
referred to Interpol UK and reply is awaited.  
3. 
 
The background to the case is that in the Evacuee Trust 
Property Board’s (ETP Board) meeting held on 14.05.2007, the then 
chairman brought to the knowledge of the Board the request of 
Defence Housing Authority (DHA), Lahore to acquire three pieces of 
Evacuee Trust land situated in Mauza Lidhar (75 acres, 2 kanals and 
14 marlas), Mauza Mota Singh Wala (142 acres and 14 marlas) and 
Mauza Dera Chahal (26 acres, 1 kanal and 13 marlas), Lahore 
Cantonment falling in Phase-VI and VII of DHA. The options offered by 
DHA in this regard were:- 
Option-I 
Price of the aforementioned ETPB land be received by the 
Board. 
Option-II 
These ETPB lands be handed over to the DHA for 
development and in exchange developed plots as per laid 
down procedure will be given to ETPB. 
Option-III 
ETPB may exchange its aforesaid land with DHA land in 
mauza Halloki (84 acres, 4 kanals and 10 marlas) adjacent 
to Khayaban-e-Amin and Doctor’s Colony, Kahna Road/ 
Defence Road, Lahore.  
4. 
  
In the said meeting, the Chairman sought guidance of the 
Board for proceeding further with reference to the above proposal and 
he also apprised the Board about the estimated cost of land prevailing 
in market of ETPB and DHA. General practice of DHA, regarding 
allotment of two developed residential plots of one kanal each in lieu of 
SMC 9/2011 etc. 
 
5 
one acre land, was also discussed. The Board, after due deliberations 
and keeping in view the existing and future potential of the DHA land 
situated in Mauza Halloki, rejected Option-III. Moreover, after 
discussing pros and cons of the remaining two options, the Board 
considered Option-II as more workable due to increase in the cost of 
developed plots. However, the Board desired that instead of 
consenting to two developed plots measuring one kanal in return to 
land measuring one acre to be handed over to DHA (i.e. 25% of land), 
at least 33% land of developed plots to be claimed. It was further 
suggested that in addition to residential plots, commercial plots 
situated on the main roads/nearest to main roads preferably to be 
claimed.  
5. 
 
Subsequent thereto, the ETPB vide letter dated 10.07.2007 
issued by Deputy Secretary (P), informed the DHA, Lahore as regards 
approval of Option-II by the Board. The Option-II, mentioned in the 
said letter, reads as follows: 
Option-II: ETPB lands to be given to DHA in exchange for 
developed plots. 33% land of developed plots to be given 
by DHA. (This means that instead of 2 x one kanal plots, 
3Xone kanal plots per acre of ETPB land). Besides, 10% of 
commercial plots to be offered to ETPB on the rates as for 
members of DHA. 
6. 
  
It was further mentioned in the said letter that on 
19.06.2007, the matter was discussed on a courtesy call by the 
Chairman, ETPB with the Commander 4 Corps and that the Corps 
Commander appreciated the proposal. It was, therefore, requested 
that the above proposal be confirmed in order to enable the ETPB to 
obtain formal approval of the Board and Federal Government, 
necessary for transfer of ETPB land. 
SMC 9/2011 etc. 
 
6 
7. 
 
In response to the above mentioned letter, the DHA sent a 
letter dated 20.07.2007 to the Chairman, ETPB which reads as under:- 
 
“Subject: Acquisition of Evacuee Trust Land 
Please 
refer 
to 
ETPB 
letter 
No. 
P(3)-
DSP/530/ETPB/07LHR/7789 dated 10 July 07 on the above 
subject. 
1. 
the management of DHA has approved following 
compensation in lieu of the valuable contribution by 
Evacuee Trust Property Board and your personal 
efforts:- 
 
a. 
ETPB land will be acquired by DHA at 33% 
exemption as enunciated in Para 2 of ETPB 
letter quoted above. The detailed distribution 
will be as follows:- 
 
(1)  Total land   
1946 Kanals (approx) 
(2) 
Total residential plots to be carved 
on the land as per DHA standard  
town planning 
 
973 Residential plots 
 
(3) 
Share of Residential Plots 
 
 
 
 
 
(a) 
ETPB  
642 Plots 
 
 
 
 
 
(b) 
DHA  
331 Plots 
2. 
The option of 10% commercial plots to be offered to 
ETPB on the rates as per members of DHA was analysed. 
It will be appreciated that DHA adds value to its property 
by maintaining highest standard of town planning thus 
maintaining a certain ration of open spaces to constructed 
areas. Similarly a ration in line with the international 
standards is maintained in residential area vs. commercial 
area. Being a welfare organization, DHA acquires the land 
and develops it for allotment to the landowners (who 
contribute the land) and a portion of it for armed forces 
personnel for whom the society is primarily functioning. In 
this case under consideration, total number of commercial 
plots being carved out is 194. it is submitted that as per 
SMC 9/2011 etc. 
 
7 
10% formula DHA is not left with a single plot, therefore, 
the matter may be reconsidered and an equitable 
distribution be agreed upon to facilitate early resolution of 
the issue. The suggested distribution is as following:- 
a. 
Total commercial plots to be  
carved on the land per DHA  
std town planning  
194 Commercial Plots 
 
b. 
Recommended Share of Commercial Plots 
(1) 
ETPB  
 
100 Plots 
(2) 
DHA  
 
94 Plots 
3. 
Foregoing in view, it is requested that above 
mentioned allotment may please be approved by ETP 
Board and kindly detail a representative to carry out 
necessary coordination with DHA at its earliest, please. 
 
 
 
 
 
 
 
 
 
Lft. Col 
 
 
 
 
 
 
 
 
 
For ADHA 
 
 
 
 
 
 
 
 
(Amer Baig Mirza)” 
 
 
8. 
 
Accordingly, the matter was discussed in the 263rd meeting 
of 
the 
ETP 
Board 
held 
on 
23.07.2007 
wherein 
following 
observation/directions were made:- 
“The Board, after due deliberation, rejected Option-III 
keeping in view the existing and future potential of the 
DHA land situated in Mauza Halloki.  
The Board after discussing pros and cons of the remaining 
two options, considered Option-II as more beneficial due 
to increasing trend in the cost of developed plots. 
However, the Board desired that instead of consenting to 
two developed one kanal plots for each acre of land to be 
handed over to DHA (i.e. 25% of land), 33% land of 
developed plots may be claimed. In addition to residential 
SMC 9/2011 etc. 
 
8 
plots, commercial plots may also be claimed on payment 
as for member of DHA. 
The Board also stressed that as the matter was potentially 
beneficial to the Board, therefore, pursuing it should be 
done on priority basis. 
The matter was discussed with DHA at various levels. 
The DHA vide letter dated 20.07.2007 has intimated that 
the management of DHA has approved that ETP Board land 
will be acquired by DHA at 33% exemption of residential 
plots (measuring 1 kanal each). Thus for 1946 K of ETPB 
land, DHA would provide 642 residential plots. In addition, 
DHA has offered 100 commercial plots on payment as for 
DHA members i.e. 16% of residential plots instead of, 
10%.” 
 
9. 
 
Later on, the ETPB vide letter dated 11.08.2007 informed 
the Ministry of Minorities (Minorities Affairs Division), Government of 
Pakistan through a letter captioned “Acquisition of Evacuee Trust Land 
by The Defence Housing Authority, Lahore Cantt.” about the decision 
of ETP Board. Paragraph 7 therefrom, being relevant, is reproduced 
hereinbelow:- 
“The matter was then placed before the Board vide Item 
No.10 of its 263rd Meeting held on 23.07.2007. The Board 
decided to proceed further with the arrangement agreed 
between ETPB and DHA as it was beneficial to the Board 
due to the increasing value of the developed plots in DHA. 
Photocopies of working paper and extract of minutes of 
Item No. 10 of Board’s 263rd Meeting held on 23.07.2007 
are attached as Annex ‘D’ & ‘E’. Approval of the Federal 
Government to the aforementioned decision of the Board 
may be conveyed to this office to implement the 
arrangement with DHA”.  
SMC 9/2011 etc. 
 
9 
10. 
 
The Ministry of Minorities responded to the above 
mentioned letter vide letter dated 28.08.2007 advising the ETPB to 
furnish information and not to initiate any further action in the matter 
without prior approval of the Federal Government. The said latter is 
reproduced hereinbelow:- 
“Government of Pakistan 
Ministry of Minorities 
(MINORITIES AFFAIRS DIVISION) 
 
No.F.4(11)/2007-P-II 
Islamabad, the 28th August, 2007 
 
The Chairman, 
Evacuee Trust Property Board, 
9-Court Street, 
Lahore 
 
Subject:- 
ACQUISITION OF EVACUEE TRUST LAND BY 
THE DEFENCE HOUSING AUTHORITY, LAHORE 
CANTT. 
 
 
Please 
refer 
to 
ETP 
Board’s 
letter 
No. 
P(3)DSP/530/ETPB/07/LHR/8822 dated 11th August, 2007 
on the above subject. 
2. 
  
The matter is under process in the Ministry and 
ETP Board is advised to urgently furnish the following 
information for proceeding further in the matter:- 
i) 
The option of open auction has not been considered 
by the ETPB. The same may be considered and 
expected return/income so generated may be 
compared with the above mentioned option-II 
approved by the ETP Board. 
ii) 
The legal status about the lessees who are on 
extension and the procedure/terms & conditions to 
be adopted for settlement of such cases. 
iii) 
A copy of DHA’s policy according to which developed 
plots will be given to ETPB. 
iv) 
Details of all the lessees clearly mentioning their 
history whether they are original lessees or changes 
of tenancy has taken place, subsequently. 
v). 
Minutes of the meetings between DHA and ETP 
Board for warranting the instant recommendations. 
 
SMC 9/2011 etc. 
 
10
3. 
 ETP Board is further advised that no action will be 
initiated without prior approval of the Federal Government. 
  
4. 
 
This issues with the approval of the Secretary. 
 
(Naeem Ahmad) 
Section Officer (P-II) 
Ph.9208487” 
 
11. 
 
The ETPB vide letter dated 11.09.2007 addressed to the 
Ministry of Minorities Affairs furnished the requisite information. 
Paragraph 2(b) and (c) wherefrom are reproduced below:- 
“2. 
… …  
(a) 
… …  
(b) 
Out 
of 
total 
land 
of 
1964(sic.)-Kanals 
(approx.), 973 residential plots can be carved 
as per D.H.A Standard. ETPB share would be 
642 plots (33% of 1946) and that of D.H.A 331 
plots. When developed the value of 642 plots 
would be approximately Rs.6420 million (@ 
Rs.10.0 million per plot). This is much more 
than the price expected from open auction of 
raw land in its present state. 
(c) 
It has been agreed by the D.H.A. that is will be 
their 
responsibility 
to 
get 
possession 
of 
aforesaid land from the lessees of ETPB. D.H.A. 
would use their resources for the purpose. 
ETPB would not be involved in this process. 
3. 
You are requested to expedite approval of the plan 
as D.H.A. is pressing for an early decision. 
4. 
This letter is issued with the approval of the 
Chairman. 
(Ch.Riaz Ahmad) 
Secretary” 
12. 
 
The Ministry of Minorities Affairs vide letter dated 
28.09.2007 again asked the ETPB to provide some further information 
and once again advised it not to initiate any action in this regard 
without prior approval of the Federal Government. The said letter 
reads as under:- 
SMC 9/2011 etc. 
 
11
 “Government of Pakistan 
Ministry of Minorities 
(MINORITIES AFFAIRS DIVISION) 
 
No.F.4(11)/2007-P-II 
Islamabad, the 28th September, 2007 
 
The Chairman, 
Evacuee Trust Property Board, 
9-Court Street, 
Lahore 
 
Subject:- 
ACQUISITION OF EVACUEE TRUST LAND BY 
THE DEFENCE HOUSING AUTHORITY, LAHORE 
CANTT. 
 
 
 Please 
refer 
to 
ETP 
Board’s 
letter 
No.P(3)DSP/530/ETPB/07/LHR/9806 
dated 
11th 
September, 2007 on the above subject. 
2. 
 The matter is under process in the Ministry and ETP 
Board is again advised to urgently furnish the following 
information for proceeding further in matter:- 
i) 
The calculation of plots and expected value to be 
generated has not been calculated correctly, the 
same may be done accordingly. 
ii) 
Details of all the lessees clearly mentioning their 
history whether they are original lessees or changes 
of tenancy has taken place, subsequently. 
iii) 
The legal status about the lessees who are on 
extension and the procedure/terms & conditions to 
be adopted for settlement of such cases.  
iv) 
Minutes of the meetings between DHA and ETP 
Board for warranting the instant recommendations. 
 
3. 
 ETP Board  is further advised that no action will be 
initiated without prior approval of the Federal Government. 
  
4. 
This issues with the approval of the Secretary. 
 
(Naeem Ahmad) 
Section Officer (P-II) 
Ph.9208487” 
 
13. 
 
The requisite information was provided by the ETP Board 
vide letter dated 19.10.2007 addressed to the Ministry of Minorities, 
SMC 9/2011 etc. 
 
12
wherein it was reiterated that “approval of the Federal Government to 
the decision of the Board taken vide item No.10 of its 263rd meeting 
held on 23.07.2007 may be conveyed to this office to implement the 
arrangement with DHA”. 
14. 
 
In the meanwhile, the ETP Board was reconstituted vide 
notification dated 14.11.2007 enlisting the following non-official 
members: 
(b) 
Non-official Members 
(1) 
Brig (R) Ijaz Ahmad Shah 
(2) 
Mr. Muhammad Nawaz Tishna 
(3) 
Mr. Nayyar Ali Dada 
(4) 
Mian Yousuf Salauddin 
(5) 
Mr. M. Fazal Durrani 
(6) 
Col. (R) S.K. Tressler 
(7) 
Mr. M. Parkash, Advocate 
(8) 
Sardar Sham Singh 
(9) 
Prof. Sajida Haider Vandal 
(10) Mr. Ashraf Ali Khawaja 
(11) Ch. Bashir Ahmad. 
 
15. 
 
Thereafter, the Ministry of Minorities vide letter dated 
03.12.2007 advised the ETPB to place the matter in question before 
the newly constituted ETP Board for re-examination and to refer the 
matter subsequently to the Federal Government for consideration 
along with recommendations of the Board. The ETPB vide letter dated 
26.12.2007 addressed to the Ministry of Minorities claimed that all the 
queries raised by the Federal Government had been addressed and 
recommendations were made by a duly constituted Board, hence, 
there was no justification or rationale for referring the matter back to 
SMC 9/2011 etc. 
 
13
the Board. It was further averred in the letter that in case decisions of 
the previous Board were to be revisited merely on the ground of 
reconstitution of the Board, it would open a Pandora box; hence, the 
Ministry was requested to indicate illegality in the decisions of the 
Board, if any. The letter once again ended with a request that 
“approval of the Federal Government to the decision of the Board 
taken vide item No.10 of its 263rd meeting held on 23.07.2007 may 
please be conveyed to this office for implementation of arrangements 
with DHA”.     
16. 
 
The Ministry of Minorities Affairs vide letter dated 
24.01.2008 informed the ETPB that the matter was examined in the 
Ministry and the orders of the Ministry already conveyed to the ETPB 
vide letter dated 03.12.2007 were reiterated. It was further ordered 
that “keeping in view the huge investment and expertise of the new 
ETP Board, the matter be placed before the new ETP Board under the 
Chairmanship of the new Chairman, ETPB and then referred to the 
Federal Government for consideration along with recommendations”. 
Thereafter, vide notification dated 07.12.2008, Asif Akhtar Hashmi was 
appointed as Chairman, ETPB on honorary basis “with immediate effect 
and until further orders”. 
17. 
 
After appointment of the new Chairman, DHA vide letter 
dated 18.02.2009 addressed to the Chairman, ETPB on the subject 
“acquisition of Evacuee Trust Property Boards’ Land” intimated that 
33% exemption ration besides, 100 x commercial plots were agreed to 
by DHA but progress on acquisition of land was held up due to non-
acceptance of handing over of clear possession of land by ETPB. It was 
SMC 9/2011 etc. 
 
14
stated that acquisition of land comprised two aspects namely, handing 
over of clear possession of the land, and registration of mutation of the 
land in favour of the party acquiring the land.  
18. 
 
It was further expressed that “during the meeting held on 
23.09.2008, it was indicated by Chairman ETPB that possession of land 
to be obtained by DHA which was not agreed to, as it involved taking 
over of possession after payment of huge amount, besides inviting 
series of court cases. Hence, further discussion on the subject 
remained inconclusive. Moreover, delay in the development work has 
cost DHA huge amount of idling/escalation charges”. In addition, it 
was requested that “either land be transferred with clear possession to 
DHA against 33% exemption or 25% exemption without possession 
may please be agreed to”. 
19. 
 
The board was once again reconstituted vide notification 
dated 10.04.2009 and the following persons were notified as non-
official members:- 
(b) 
Non-Official Members 
(1) 
Mr. Shahid sheikh 
 
 
Lahore 
(2) 
Mr. Tayyab Rizvi  
 
 
Lahore 
(3)  Mian Muneer Ahmad 
 
 
Lahore 
(4) 
Dr. S. M. Yaqoob  
 
 
Lahore 
(5) 
Mr. Javed Akbar Butt 
 
 
Lahore 
(6) 
Malik Sher Ali Bucha 
 
 
Multan 
(7) 
Mr. Muhammad Aqeel Bhutta  
Multan 
(8) 
Mr. Naveed Amir Jeeva  
 
Multan 
(9) 
Rai Saleem-ur-Rehman  
 
Nankana 
(10) Mr. Bishop Daniyal 
 
 
Sahiwal 
(11) Mr. Ezra B. Shujaat 
 
 
Sheikhupura 
(12) Sardar Sham Singh 
 
 
Sindh 
(13) Mr. Parkash, Advocate  
 
Sindh 
SMC 9/2011 etc. 
 
15
(14) Mr. Manzoor Hussain Bhutto  
Sindh 
(15) Mr. Muhammad Nawaz Tishna 
NWFP 
(16) Mr. Fazal Durrani  
 
 
Quetta 
 
 
 
 
 
 
 
20. 
 
An important development in the matter took pace when 
on 16.04.2009, 272nd meeting of the ETP Board was held and the 
Board approved the following additional Agenda as Item No. 8:- 
MATTER RELATING TO ACQUISITION OF EVACUEE TRUST 
LAND SITUATED IN MAUZAS LIDHAR, MOTA SINGH WALA 
AND DERA CHAHAL ETC. TEHSIL CANTT LAHORE BY THE 
DEFENCE HOUSING AUTHORITY, LAHORE.  
 
Discussion/decision 
Action by 
The DHA’s proposal was apprised to the 
Board that delay in the development 
work had cost DHA huge amount of 
idling/escalation charges, as such DHA’s 
revised offer was restricted to their usual 
policy of 25% exemption of residential 
plots only. However with the hectic 
negotiations of the Chairman, ETP Board 
already held with the DHA authorities, 
they agreed to further negotiate on the 
provision of some commercial plots. 
 
The Board unanimously approved the 
revised offer of DHA for exemption of 
25% residential plots with taking over 
the possession of the land to be the 
responsibility of the DHA. The Board 
authorized 
the 
Chairman 
to 
hold 
negotiations with the DHA to obtain at 
least some of the commercial plots in 
addition to the residential plots agreed 
to above. 
Secretary (P & 
L)/DS (L) 
 
21. 
 
It is significant for our purposes to note that there was a 
visible difference in the offer approved by the ETP Board namely, 25% 
exemption of residential plots, instead of the 33% earlier offered by 
the DHA. The Decision of the Board was conveyed to the Ministry of 
Minorities Affairs by the ETPB through letter dated 25.04.2009. 
SMC 9/2011 etc. 
 
16
22. 
 
The Ministry of Minorities Affairs, vide letter dated 
28.04.2009 
informed 
the 
Chairman, 
ETPB 
that 
the 
Federal 
Government has accorded concurrence to the decision of the ETP 
Board taken vide item No.8, in its 272nd meeting held on 16.04.2009, 
subject to observing all legal and codal requirements. Thereafter, ETPB 
vide letter dated 29.04.2009 intimated the DHA about the concurrence 
of the Federal Government to the decision of the Board dated 
16.06.2009. The said letter is reproduced hereinbelow:- 
“EVACUEE TRUST PROPERTY BOARD 
GOVERNMENT OF PAKISTAN 
“No.P(3)DSP/530/ETPB/07/LHR/3266 
 
 
 
 
 
 
 
 
Dated 29/4/09 
To 
Col. (Retd) Mr. Muhammad Ashraf, 
Director Acquisition, 
Defence Housing Authority, 
Y-Block Commercial Area Ph.III 
Lahore Cantt. 
 
Subject:- 
ACQUISITION OF EVACUEE TRUST 
PROPERTY BOARD’S LAND 
 
Pleas refer to your letter No.421/10/ETPB/Acqn 
dated 18.02.2009, on the above subject. 
 
2. 
The matter was placed before the Evacuee 
Trust Property Board in its 272nd Meeting held on 
16.04.2009. the Board and subsequently the Federal 
Government in the Ministry of Minorities have given 
concurrence to the proposal put forward by the 
Defence Housing Authority, Lahore vide above 
referred letter and agreed to accept 25% exemption 
of the residential plots as the taking-over the 
possession of the land will be the responsibility of the 
DHA. 
 
3. 
Besides, DHA’s final proposal in Para-3 of the 
above referred letter is silent about the provision of 
commercial plots to ETPB on payment as for DHA 
members. The Board/Federal Government have 
authorized Chairman, ETPB negotiate the issue with 
DHA pertaining to the provision of commercial plots. 
 
4. 
In view of the above, it is requested that DHA 
may expedite their process for acquisition of land 
SMC 9/2011 etc. 
 
17
and coordinate with ETPB to hold negotiations 
regarding provision of commercial plots at an early 
date. 
(Salim Masih) 
Secretary (L & P)” 
 
23. 
 
On the basis of the above mentioned concurrence, an 
agreement was concluded between ETPB and DHA on 08.05.2009 
regarding land measuring 575 kanals and 13 marlas of Mauza Lidhar, 
comprising the following Khasra numbers:- 
 
Khasra 
No. 
Land 
Khasra 
No. 
Land 
Khasra 
No. 
Land 
3065 
80-00 
3895 
05-10 
4403 
08-00 
3145 
06-16 
3933 
05-10 
4406 
08-00 
3146 
07-08 
3934 
02-02 
4407 
07-16 
3149 
07-08 
4250 
04-13 
4408 
09-08 
3687 
09-11 
4251 
07-13 
4409 
08-00 
3688 
07-07 
4252 
08-00 
4410 
03-08 
3689 
07-07 
4253 
05-10 
4411 
08-00 
3710 
08-00 
4254 
08-02 
4412 
06-13 
3711 
08-00 
4255 
05-12 
4413 
03-04 
3712 
08-00 
4276 
08-00 
4414 
08-00 
3713 
04-12 
4278 
08-00 
4415 
03-02 
3714 
06-14 
4279 
03-12 
4417 
08-00 
3715 
08-00 
4283 
08-00 
4418 
08-00 
3716 
08-00 
4284 
08-00 
4420 
08-00 
3717 
08-00 
4285 
08-00 
4421 
08-00 
3745 
08-00 
4287 
08-00 
4423 
08-00 
3746 
08-00 
4288 
08-00 
4425 
08-00 
3747 
08-00 
4289 
09-06 
4426 
08-00 
3748 
08-16 
4227 
03-18 
4428 
02-16 
3749 
10-18 
4329 
06-00 
4430 
08-00 
3750 
08-00 
4341 
08-02 
4431 
08-00 
3751 
08-00 
4342 
10-04 
4437 
08-00 
3752 
08-00 
4355 
05-06 
4438 
08-00 
3860 
08-00 
4356 
04-01 
4439 
07-06 
3861 
08-00 
4362 
08-00 
4443 
07-07 
3862 
08-00 
4370 
08-00 
4520 
04-13 
3894 
05-04 
4371 
08-00 
- 
- 
 
24. 
 
Moreover, a conveyance deed was executed by ETPB in 
favour of DHA on 30.05.2009 regarding land measuring 544 kanals 
and 06 marlas to the following effect:- 
SMC 9/2011 etc. 
 
18
 “NOW THEREFORE, THIS CONVEYANCE WITNESSES AS 
UNDER” 
 
1. 
The Vendor has sold the said piece of land measuring 
17 Kanals 18 Marlas vide Parcha Khatooni No.747/866 of 
Gurdawara Deh and land measuring 526 Kanals 08 Marlas 
vide Parcha Khatooni No.748/867 of Samahad Bhai Mann 
Singh of the year 1992 vide Halqa Patwari Parcha Khatooni 
Rapt No. 3090 dated 15 May 2009, total qittat 75 
measuring 544 Kanals 06 Malras situated at Hadbast 
Mouza Lidhar Tehsil Cantt District Lahore, in consideration 
of Rs.653160000/- (Rupees Sixty Five Crore Thirty One 
Lac Sixty Thousand Only), which has been paid by the 
Vendee to the Vendor toward last and final consideration 
amount of the said land, receipt whereof is hereby 
acknowledged, and nothing will be paid before sub-
registrar Aziz Bhatti Town, Lahore, at the time of 
registration of this sale deed. The value of land given in 
the conveyance deed is not the value paid to the land 
owner but given for the purpose of registration as the land 
is purchased on 25% exemption in the shape of 1 Kanal/10 
Marla residential plots. 
2. 
The Vendor hereby assures the Vendee of their 
legally valid title with powers to alienate and sell the said 
piece of land to the Vendee to consideration mentioned 
above. The Vendor also assures and hereby undertakes to 
indemnify and keep indemnifying the Vendee to its entire 
satisfaction, and any defect in the title against the claim of 
any third party.” 
25. 
 
Yet another agreement was executed on 09.06.2009 
between ETPB and DHA regarding further 353 kanals and 07 marlas of 
land situated in Mauza Mota Singh Wala and 203 kanlas and 13 marlas 
in Mauza Dera Chahal, Lahore Cantt. A conveyance deed in respect to 
the land mentioned above was executed on 10.07.2009 by the ETPB in 
SMC 9/2011 etc. 
 
19
favor of DHA. It was in this manner that 3 agreements were executed 
between the parties (ETPB and DHA) and the possession was delivered 
to the DHA. 
26. 
 
It is to be noted that as per report of the Director, FIA, the 
ETPB land measuring 1240 kanals had been occupied by the DHA 
instead of 843 kanlas and 15 marlas mutated in favour of DHA by the 
ETPB. Moreover, the report concluded that “without considering the 
earlier recommendations of the Board, i.e. 33% exempted developed 
plots as per offer of DHA dated 20.07.2007 and without determining 
the terms and conditions, the haphazard approval granted by the 
Ministry of Minorities Affairs of 25% exempted residential plots/files 
instead of 33% also shows personal vested interests of DHA Lahore, 
ETPB and concerned Ministry especially payment of huge amount of 
Rs.657.77 million approximately to unauthorized persons and thereby 
caused loss to ETPB”.  
27. 
 
It was also noted in the said report that, though refunded 
to ETPB after one and half month, the registration fee amounting to 
Rs.39 million was paid by ETPB instead of DHA Lahore, being the 
purchaser, and that “this fact also creates doubts of personal vested 
interests of ETP Board and DHA Lahore”. The report assesses the total 
loss caused by the DHA at Rs.1934.77 million. 
28. 
  
On behalf of DHA, Lahore there is no denial of the 
transaction, however, an explanation has been offered that as per 
agreement DHA would acquire possession of the land at its own 
expense and cost, where said portion of the land was not in possession 
of ETPB and against the deal of 151.25 acres of land it could only get 
SMC 9/2011 etc. 
 
20
the title of land measuring 843K-15M by different instrument, deeds, 
etc. According to DHA, the consideration of the said land was in the 
shape of exemption of plot files. 
29. 
 
As far as balance of 288K-18M is concerned, both the DHA 
and ETPB after deliberation agreed as under:- 
a. 
Any land belonging to Gurdwara shall not be purchased 
and consequently land measuring 203K-13M of Dera Bebe 
Naniki Gurdwara was returned back to ETPB by DHA in 
May 2010. It is pertinent to mention that DHA had made 
a payment of Rs.18.800 Million to purchase possession of 
said land. ETPB has assured DHA to return this amount 
and the matter is being finalized. 
b. 
ETPB shall transfer 85K-5M of land situated in Mauza 
Lidhar (31K-07M) and Mauza Mota Sindh Wala (53K-5M) 
at the earliest. 
It has further been explained that in pursuance of above arrangements 
ETPB was allocated following files in Phase-VI of DHA in consideration 
of the land acquired/transferred:- 
a. 
140x 1 Kanal plot files 
b. 
31x 10 Marla plot files 
c. 
61x Marla plot files 
d. 
10x 4 Marla Commercial plot files 
It may be noted that in the report submitted by DHA, neither any 
agreement with ETPB has been brought on record to accept the 
liability of the payments of the development charges nor there is any 
acceptable document to substantiate that Rs.18.800 million has been 
spent by DHA for taking over the possession of the property. Except 
that ETPB paid Rs.657.77 million approximately to Nazir Hussain 
(late), Amer Saleh Abbasi, Shah Jehan, Kamran Baig and Imran Ali 
SMC 9/2011 etc. 
 
21
Bhatti, without any plausible justification. Despite efforts, no 
justification was offered by the Secretary DHA, Lahore in this behalf. 
30. 
  
From the material available on record one can, prima facie, 
conclude that without considering the earlier recommendations of the 
Board i.e. exemption of 33% of plots as per offer of DHA dated 
20.07.2007, and without determining the terms & conditions by the 
Federal Government through Ministry of Minorities Affairs, agreed for 
accepting 25% exempted residential plots/files instead of 33%. 
Essentially, for such reasons colossal loss has been suffered by ETPB.  
31. 
  
A comparative analysis of the loss incurred to the ETPB for 
entering into the deal is reproduced hereinbelow as per report of FIA 
dated 24.07.2013: 
Sr.No. 
Head/Description 
Loss caused to the ETPB 
Plot 
Nos. 
Approx 
per plot 
price 
(Rs.) 
Total Loss 
(Rs) 
1. 
Reeducation from 
33% 
exemption 
developed to 25% 
exemption 
plot 
files only 
108 
9 million 972 millions 
2. 
Expenditures 
being claimed by 
DHA  from ETPB 
for 
vacation 
of 
Dear Chahal Land 
- 
- 
18 millions 
3. 
Developmental 
charges 
be 
claimed by DHA 
against exemption 
allotted plot files 
to ETPB @ 25 % 
- 
- 
287 million 
4. 
Compensation 
paid by DHA to 
unauthorized 
persons instead of 
ETPB 
59 
9 
millions 
126.77+ 
531=657.77 
Million 
 
 
 
Total  
1934.77 
millions 
SMC 9/2011 etc. 
 
22
 
Thus, the deal suffered from corruption and corrupt practices and was 
in violation of rules and regulations.  
32. 
  
Learned counsel for DHA Mr. Asif Hafeez, however, has 
attempted to persuade us that the deal between DHA and ETPB is 
transparent as huge amount has to be spent by DHA for getting 
possession of the land from occupants and it so hampered on account 
of delay in concluding the deal on the part of ETPB, therefore, ETPB in 
its 272nd meeting held on 16.04.2009 accepted revised offer of DHA 
for exemption of 25% residential plot instead of 33% which was duly 
approved by the Ministry, as such, no illegality or irregularity has been 
committed by DHA. 
33. 
 
Learned counsel for DHA, attempted to justify the delay, 
as it is evident from his arguments noted hereinabove, but without 
producing any document or material to substantiate its plea on both 
counts i.e. delay by ETP Board and spending of huge amount by DHA 
for taking over possession from occupants of the land under question.  
34. 
 
It has been noticed that from time to time the Federal 
Government has constituted the Board. Whereas, under sub-section 
(5) of section 3 of the Act, 1975 three years tenure of the Members 
has been prescribed and before the expiry of the same, a Member 
would not be changed unless he earlier resigns from his office under 
sub-section (6) or is removed under sub-section (7) of section 3 ibid. 
The only inference is that the purpose of fixation of the tenure is to 
ensure consistency in the policies of the ETP Board for the purpose of 
achieving  the  objects  for  which the Act, 1975 has been 
SMC 9/2011 etc. 
 
23
promulgated. Contrary to it, as far as Chairman of the Board is 
concerned, he is required to hold the office during the pleasure of the 
Federal Government.  
35. 
 
In the instant case, we have noticed that during 263rd 
meeting of ETP Board held on 23.07.2007 a decision was taken to 
accept option No.2 offered by DHA, namely, ETPB land be handed over 
to DHA for development and in exchange the developed plots as per 
laid down procedure, would be given to ETPB. It was also decided that 
DHA would handover 33% developed plots to ETPB, besides 10% of 
the commercial plots to be offered to ETPB on the rates as for 
members of the DHA and this offer was also accepted by DHA on 
20.07.2007, but before its final approval, the ETP Board was 
reconstituted on 14.11.2007. Names of the newly appointed members 
have also been mentioned hereinabove. As per the requirement of law, 
these non-official members had to perform their functions for a period 
of three years i.e. upto 13.11.2010. In the meanwhile, former 
Chairman ETPB, Mr. Asif Akhtar Hashmi was appointed on 7.12.2008, 
before expiry of the tenures of the members appointed on 14.11.2007 
and the Board was again re-constituted on 10.04.2009. The issue of 
getting developed residential and commercial plots, decision in respect 
whereof had already taken place in 263rd meeting dated 23.07.2007, 
was again placed before the Board for discussion and decision. 
Surprisingly, instead of accepting the earlier better terms and 
conditions, fresh proposal was introduced after taking over of office by 
the newly appointed Chairman and DHA had revised its offer. 
Inasmuch as, the Federal Government without negotiation or 
determining viable terms and conditions gave approval on 16.04.2009.  
SMC 9/2011 etc. 
 
24
36. 
 
It would be appropriate to mention that from very 
beginning the ETPB had been insisting that DHA should commit in 
writing, inter alia, that taking over of the possession of the Evacuee 
Trust land situated in Mauza Lidhar, Mauza Mota Singh Wala and 
Mauza Dera Chahal from its lessees will be sole responsibility of DHA 
and expenditures so incurred shall not be claimed from ETPB. 
Reference in this behalf may be made to the meeting of ETP Board 
dated 22.04.2008, relevant contents wherefrom are reproduced 
hereinbelow:- 
“(vii) Deputy Secretary (Property), ETP Board, Lahore will 
prepare a draft letter to be sent to be sent to the DHA 
authorities indicating the points on which their confirmation is 
required particularly about the following:- 
(a) 
Taking over of possession of Evacuee Trust land situated 
in mauzas Lidhar, Mota Singwala and Dera Chahal from 
its lessess will be sole responsibility of DHa and 
expenditure so incurred shall not be claimed from ETPB. 
(b) 
Phase and sector, where residential and commercial plots 
will be allotted by DHA to ETPB (in lieu of Evacuee Trust 
land situated in after-mentioned mauzas). 
(c) 
All the plots to be allotted will be at one place in a 
compact block/form. In case it is not possible then what 
arrangement will be made by DHa. 
(d) 
Charges, if any, required to be paid by ETPB in respect of 
residential plots to be allotted. 
(e) 
Total cost to be charged in respect of each commercial 
plot to be allotted.”  
 
37. 
  
In continuation of above letter, on 7.06.2008 the earlier 
stand taken by ETPB was reiterated; however, after appointment of 
former Chairman, Mr. Asif Akhtar Hashmi, on 18.02.2009 DHA 
intimated that 33% exemption ratio besides, 100 x commercial plots 
were agreed to by it but progress on acquisition of the land was held 
SMC 9/2011 etc. 
 
25
up due to non-acceptance of handing over of clear possession of land 
by ETPB. It was further emphasized in this very letter that “either land 
be transferred with clear possession to DHA against 33% exemption or 
25% exemption without possession may pleased be agreed to”. 
Although, as it has been explained earlier, before appointment of the 
former Chairman, Mr. Asif Akhtar Hashmi, the DHA has agreed to 
grant 33% exemption of plots instead of 25% with 100 x commercial 
plots on the rates available for the members of DHA, but in such a 
situation when we asked the learned counsel for DHA to substantiate 
with documents the amount which has been spent by the DHA for 
taking over the possession, he could not do so. Therefore, it is held 
that in the 272nd meeting dated 16.04.2009 the decision was changed 
by the ETP Board intentionally, on account of which a huge loss has 
been caused as it has been analyzed in the FIA reports, referred to 
hereinabove. Such decision also adversely reflects the mala fide in the 
reconstitution of the Board on 10.04.2009 before expiry of three years’ 
tenure of the members, who were appointed on 14.11.2009; 
therefore, for such reasons the Board should have not approved 
acceptance of formula of 25% exemption as it was against the interest 
of charitable institutions.  
38. 
  
There is no denial of the fact that ETPB had powers to 
dispose of the properties but it must be in accordance with the law 
namely section 4(2) of the Act, 1975 as it has been held in the case of 
Pervaiz Oliver v. St. Gabrial School (PLD 1999 SC 26), relevant para 
therefrom is reproduced hereinbelow:- 
“It is a known fact that the above portion of the 
property 
is 
extremely 
valuable. 
………… 
It 
is 
SMC 9/2011 etc. 
 
26
anybody's guess as to what may have transpired in 
an underhand manner between the concerned 
individuals, particularly, Said Muhammad and the 
Evacuee Trust functionaries. Some of the staff has 
already been identified in this order. The Assistant 
Administrators, holding office from time to time in 
the Quetta region and the Administrator, who passed 
the orders dated 6-3-1996 and 31-12-1996, would 
now come to be identified and located. All of these 
shall be subjected to departmental proceedings, as 
reflected below. Pausing here, we consider it our 
bounden duty to observe that many of those in the 
administration, politicians and bureaucrats alike, 
virtually consider public property as their own to be' 
appropriated or allocated at their whims or fancies. 
Nothing is further removed from legal realities. No 
public property, big or small, tangible or intangible. 
can be disposed of except in accordance with law. 
Those who transgress. Expose themselves to the 
severest of penalties under law, the cardinal principle 
being. the higher the functionary, the higher the 
responsibility and, for that reason. the, stricter the 
punishment.” 
Reference may also be made to the case of Action regarding joint 
venture agreement between CDA and Multi-Professional Cooperative 
Housing Society (PLD 2011 SC 619), relevant para therefrom is 
reproduced hereinbelow:- 
“28.  … … It is to be seen whether the CDA Board could 
have, in all fairness, agreed to terms and conditions, which 
were totally different from those mentioned in the 
advertisement and render the transaction bereft of the 
essential attributes of transparency and fairplay. The 
Governmental bodies are invested with powers to dispense 
and regulate special services by means of leases, licences, 
SMC 9/2011 etc. 
 
27
contracts, quotas, etc., where they are expected to act 
fairly, justly and in a transparent manner and such powers 
cannot be exercised in an arbitrary or irrational manner. 
Transparency lies at the heart of every transaction entered 
into by, or on behalf of, a public body. To ensure 
transparency and fairness in contracts, inviting of open 
bids is a prerequisite. The reservations or restrictions, if 
any, in that behalf should not be arbitrary and must be 
justifiable on the basis of some policy or valid principles, 
which 
by 
themselves 
are 
reasonable 
and 
not 
discriminatory.” 
39. 
  
Now turning towards another deal entered upon by ETPB in 
2009 by investing Rs.986.00 million in the project of “Elysium Ranches 
DHA, Islamabad and M/s HLC”, it is to be noted that in pursuance 
whereof following proposals for the investment was made:- 
 “Proposal for EVACUEE Properties Investment 
Elysium Holding Pakistan Limited has given us the 
mandate for the procurement of land and sale of Project 
File (Allotment Certificates) for the above mentioned 
project (copies of JV agreement between DHA Islamabad 
and Elysium Holding Pakistan Limited and MOU between 
Highland Living Concept & Elysium Holding Pakistan 
Limited is attached for reference.) We would like EVACUEE 
to join us as an institutional investor of Project Files 
(Allotment Certificates), it may be mentioned that a 
number of other prominent institutional investors have 
already joined hands to profit from this lacerative 
investment at this stage of the project. The mode of 
EVACUEE investment will be as follows:-  
SMC 9/2011 etc. 
 
28
 
Once each tranches of 32 kanals are procured 8 
kanals of the project file (Allotment Certificate) will 
be 
PKR 
600,000/- 
i.e. 
600,000 
x32=PKR 
19,200,000/- 
 
Government Levies per kanal i.e. CT+Mutation 
Charges will be 7.2% of Government Declared Price 
Rs.120,000/- i.e. 120,000 X 7.2%=8640 X 32=PKR 
276,480/- 
 
Out of Pocket Expenses will be PKR 10,000 X 32= 
PKR 320,000 
 
Total investment for each project file (Allotment 
Certificate) will be PKR 19,796,480/- 
 
Launch or reserved price with Buy Back guarantee by 
the sponsors of project will be PKR 30,000,000/- per 
project file / property with a total net profit of PKR 
10,203,520/- which amounts to 34%, higher than 
any other investment opportunity in the market with 
negligible risk due to Buy Back Guarantee from 
sponsors. This ROI can be increased manifold if the 
files are sold and the amount reinvented 
 
The above price is based on an institutional buying of 
at least 50 Project Files (Allotment Certificates) / 
Properties. 
 
Processing period of conversion of land into project 
files after al legal due diligence will be 7 working 
days. 
Furthermore 
issuance 
of 
project 
files 
(Allotment Certificates) will be 6 Working days from 
the date of mutation.” 
 
40. 
 
The ETP Board in its 272nd meeting held on 16.04.2009 
considered the said proposal as additional agenda item 5 and decided 
as under:- 
PROPOSAL FROM HIGHLAND LIVING CONCEPT FOR 
INVESTMENT/JOINT VENTURE IN ELYSIUM RANCHES 
DHA, ISLAMABAD 
 
Discussion/Decision  
Action by 
The Board unanimously approved 
the proposal of Highland Living 
Concept 
for 
investment/joint 
venture with ETP Board in Elysium 
Ranches DHA, Islamabad subject to 
the condition that DHA, Islamabad 
will give guarantee for the 34% of 
CAA 
SMC 9/2011 etc. 
 
29
profit on the investment made by 
the ETP Board. 
 
41. 
 
It is important to note that DHA Islamabad/Rawalpindi 
submitted a report before the Court on 27.04.2013 in which it was 
stated that “DHA Islamabad/Rawalpindi has not sold any property to 
ETPB through Mr. Asif Hashmi, nor Mr. Asif Hashmi has approached 
DHA 
Islamabad/Rawalpindi 
for 
any 
deal”. 
Further, 
DHA 
Islamabad/Rawalpindi vide another report filed before the Court on 
24.05.2013 submitted that Elysium Holdings Pakistan Ltd. (EHPL), 
previously, Elysium Pakistan Ltd. is a public limited company formed 
for acquiring by purchase or otherwise land and to develop the same in 
plots and sell or establish housing estates, construct houses, buildings 
etc. and to provide amenities and utility services to the schemes. The 
names of the directors of EHPL, at the time of signing of the 
agreement with DHA Islamabad/Rawalpindi are also provided in the 
report, which are as under:- 
 
 
(a) 
At the time of signing of the Agreement: 
(1) 
Waseem Aslam (Director/CEO) 
(2) 
Ms. Ambreen Naz 
(3) 
Muhammad Usman Yousaf 
(b) 
Present: 
(1) 
Muhammad Hammad Arshad (Director/CEO) 
(2) 
Muhammad Murad Arshad 
(3) 
Chaudhary Ahmed Aziz 
42. 
 
With regard to the investment of ETPB in the project of 
Elysium Ranches DHA, Islamabad, it is further to be noted that on 
10.07.2008 M/s Elysium Holding Pakistan Ltd. (EHPL) signed joint 
venture agreement with DHA for purchase of land in Zone-IV, 
SMC 9/2011 etc. 
 
30
Islamabad, for development of Project and marketing/selling of the 
same. It seems that before implementation of the agreement another 
idea of investment was introduced by M/s Highland Living Concept 
(HLC) Lahore, which was approved in the ETP Board’s meeting dated 
16.04.2009 as well as by the Investment Advisory Committee of ETPB. 
In the meanwhile, respondent Mr. Asif Akhtar Hashmi had been 
appointed as Chairman, ETPB on 07.12.2008. In continuation of this 
development/project, on 08.7.2009 ETPB signed tri-partite agreement 
with M/s EHP and M/s HLC, according to which ETPB was to be 
provided with 50 project files/allotment certificates (each of 8-kanals 
plot-value of each plot mentioned in the proposal was Rs.19.72 
million) of DHA as security, which were to be purchased by EHP after 
30 months @ Rs.30.00 million each. Accordingly, from July to October, 
2009 ETPB transferred an amount of Rs.986.00 million in the bank 
account of M/s HLC, out of which an amount of Rs.608.00 million was 
transferred to M/s EHP.  
43. 
 
It was also stated in the above mentioned report that EHPL 
had approached DHA Islamabad representing to have rights in the 
lands situated in different mauzas of Islamabad and DHA agreed to the 
said proposal, consequent to which an agreement was executed 
between EHPL and DHA Islamabad on 10.07.2008 whereby EHP was 
obliged to transfer land measuring approx 30,000 kanals. EHP however 
could not fulfill its commitment to provide “initial land” within the 
specified time period. It was reiterated that ETPB or Mr. Asif Hashmi, 
ex-Chairman ETPB has neither approached DHA for any investment or 
sale/verification of any allotment certificates nor any funds from any 
such sale have been received by DHA Islamabad.  
SMC 9/2011 etc. 
 
31
44. 
 
It is also pertinent to note in this regard that Finance 
Division 
(Budget 
Wing), 
Government 
of 
Pakistan 
vide 
Office 
Memorandum dated 02.07.2003 captioned “Deposit of Working 
Balances and Investment of Surplus Funds Belonging to Public Sector 
Enterprises and Local/Autonomous Bodies under Federal Government” 
issued consolidated instructions wherein it was mentioned that “before 
making any investment under this policy, it would be necessary for 
public sector entities to set up in-house professional treasury 
management functions. Specifically, they would need to have an 
investment 
Committee 
(IC) 
with 
defined 
investment 
approval 
authority. Transactions above the approval authority of the IC will be 
subject to approval of the Board of Directors or an equivalent forum. 
The IC should be assisted by an Investment Management Unit 
employing qualified staff with at least 3-5 years of experience of 
managing investment in debt/equity instruments. However, it will be 
necessary for public sector enterprises to use the service of 
professional fund mangers approved by SCEP”.   
45. 
 
It must be highlighted that no permission was obtained for 
investment in DHA Islamabad under section 4(2)(c) and (m) of the 
Evacuee Trust Properties (Management and Disposal) Act, 1975 which 
provides that the function of the board shall be “to buy out of surplus 
income if any, or by, taking loan from any statutory corporation, with 
the approval of the Federal Government any other property which may 
be considered to be beneficial for promoting the objects of this Act or 
any scheme”; and “to invest money, with the prior approval of the 
Federal Government, for any other social welfare or charitable 
SMC 9/2011 etc. 
 
32
purpose”. Therefore, the law was violated by making payments to 
Highland Living Concepts. 
46. 
  
It may not be out of context to note here that one Sharjeel 
Shah Muhammad, CEO represented to HLC whereas Hammad Arshad, 
CEO represented to EHP. However, it is reported by FIA that according 
to record maintained by Securities and Exchange Commission of 
Pakistan (SECP), M/s Kamran Kiani, Waseem Aslam and Aftab Zahoor 
were founding Directors of M/s EHP, whereas, according to information 
revealed to FIA by DHA, Waseem Aslam, Ambreen Naz and 
Muhammad Usman Yousaf were the Directors at the time of joint 
venture agreement dated 10.07.2008. Subsequent thereto, it was 
further revealed by SECP that M/s Kamran Kiani and Aftab Zahoor 
resigned on 13.06.2007 and 29.01.2008, respectively, before signing 
of the joint venture agreement noted hereinbefore. As far as Ambreen 
Naz is concerned, she also resigned from her position on 05.09.2008. 
Presently, Hamad Arshad is CEO of the Company because Waseem 
Aslam, who was holding the charge prior to him, had resigned on 
04.01.2012.  
47. 
  
Perusal of record/report filed by FIA reveals that for 
making this investment no approval of the Federal Government under 
section 4(2)(c) of the Evacuee Trust Properties (Management and 
Disposal) Act, 1975 was available on record, as such, FIA had to 
register a case because due to non-availability of relevant files the FIA 
could not conduct inquiry as per direction of this Court issued vide 
order dated 7.5.2013; therefore, against Faizan Shams, former 
Investment Management Officer of ETPB, a case was registered vide 
SMC 9/2011 etc. 
 
33
FIR No.596 dated 9.05.2013 under section 409 PPC. As far as DHA, 
Islamabad is concerned, it has also not denied entering into agreement 
dated 10.07.2008 with EHP, in pursuance whereof EHP was under 
obligation to transfer land measuring approximately 30,000 kanals in 
favour of DHA, Islamabad and to plain, develop, market and sell the 
proposed mixed used project on the said land, etc. However, ETPB 
through its Chairman Asif Akhtar Hashmi has never approached DHA, 
Islamabad for investment or sale, etc. It is to be noted that Zone-IV of 
Islamabad is located within the domain of CDA and according to its 
record, in this Zone no project with name of ‘Elysium Ranches, DHA, 
Islamabad’ has ever been introduced by joint venture of DHA and EHP, 
therefore, the conclusion is that without verifying and examining the 
existence of ‘Elysium Ranches DHA, Islamabad’, ETPB made the 
investment and allowing the benefit of this investment to another 
party i.e. M/s HLC, as a tri-partite agreement was executed. 
Interestingly, M/s HLC received Rs.986.00 million from ETPB, out of 
which, statedly, it transferred Rs.608.00 million and balance of 
Rs.378.00 million is still lying with it. Reference is also necessary at 
this stage to the stand taken by Hamad Arshad, CEO EHP before this 
Court 14.06.2013, who stated that without prejudice to his 
constitutional and legal rights, he is depositing the amount of 
Rs.986.00 million towards full refund of the investment made by the 
ETPB. although directions were made on 07.06.2013 to both of them 
i.e. Sharjeel Shah Muhammad, CEO HLC and Hamad Arshad CEO of 
EHP.  He also prayed that as per tripartite agreement, ETPB made 
investment on the basis of 50 files, which were provided to ETPB, 
SMC 9/2011 etc. 
 
34
therefore, it would be just, fair and equitable that files be transferred 
back to him as he had already made the payment.  
48. 
 
Khwaja M. Farooq, Sr. ASC appearing on behalf Sharjeel 
Shah Muhammad, CEO Highland Living Concepts submitted that a 
Memorandum of Understanding (MOU) was executed between EHPL 
and HLC on 07.11.2008 whereby HLC confirmed to purchase a 
minimum of 5000 kanals land at its sole cost and expense located in 
Zone-IV of Islamabad for the purpose of proposed project named 
“DHAI’s Elysium Ranches Project” on behalf of the EHPL and that all 
such lands shall be mutated by the HLC in favor of DHA. It was 
asserted that HLC acting in the capacity of a property dealer/service 
had received its commission of 2% while the entire amount was then 
transferred to Elysium. 
49. 
 
In view of the material collected during hearing of the 
petition through FIA, reference of which has been made hereiabove, 
arguments so advanced by the learned counsel on behalf of Sharjeel 
Shah Muhammad, CEO of HLC is not acceptable because he has 
received Rs.986.00 million from ETPB out of which Rs.608.00 million 
was transferred in the account of EHP being maintained by its CEO 
Hamad Arshad and balance of Rs.3.76 million is lying with HLC. 
However, as per our directions dated 07.06.2013 both of them were 
required to deposit this amount but he (Sharjeel Shah Muhammad) 
has failed to comply with the directions as a result whereof Hamad 
Arshad had also borne his financial burden. 
50. 
 
Needless to say that ETPB’s Chairman and Members of the 
Board in pursuance of the decision, which was taken as an additional 
Agenda No.5 in 272nd meeting held on 16.04.2009 made investment of 
SMC 9/2011 etc. 
 
35
Rs.986.00 million but without settling the terms and conditions and 
realizing that there is absolutely no existence of ‘Elysium Ranches 
DHA, Islamabad’. The recovery of principle amount has already been 
made under the order of this Court both Sharjeel Shah Muhammad, 
CEO HLC and Hamad Arshad CEO EHP were also bound to pay mark up 
on Rs.986.00 million from the date of its payment and passing the 
order of this Court as they had benefitted from this amount without 
extending any profit to ETPB and in the same manner, Chairman ETPB 
and Members as well Secretary of Ministry of Minorities Affairs, who 
endorsed such deal which was in fact non existent is liable to be dealt 
with according to law.  
51. 
  
Thus, we are of the considered opinion that transaction of 
ETPB for making investment of Rs.986.00 million was contrary to the 
interest of ETPB and against the instructions of the Government as 
well as section 4(2) of the Act, 1975, in view of the law laid down in 
Pervaiz Oliver’s case (ibid), reference of which has already been made 
hereinabove.  
52. 
 
In view of the above discussion, instant petition under 
Article 184(3) of the Constitution of Islamic Republic of Pakistan is 
allowed with the following declarations: - 
 
DHA Lahore: 
(1) 
Matter relating to acquisition of Evacuee Trust land 
situated in Mauza Lidhar, Mauza Mota Singh Wala and 
Mauza Dera Chahal Tehsil Cantt. Lahore by the Defence 
Housing Authority Lahore, vide decision dated 16.04.2009 
of ETPB taken in its 272nd meeting approving the revised 
offer of DHA for exemption of 25% residential plots is 
SMC 9/2011 etc. 
 
36
unlawful, being contrary to section 4(2) of the Evacuee 
Trust Properties (Management & Disposal) Act, 1975, as 
the earlier decision taken on 23.07.2007 by ETP Board in 
its 263rd meeting was in accordance with the law as DHA in 
its letter has already agreed on 20.07.2007 that ETPB land 
would be acquired by DHA at 33% exemption of residential 
plots (measuring 1-Kanal each) as a result whereof DHA 
had to provide 642 residential plots on acquiring 1946-
Kanals of ETPB land, in addition to DHA’s offer of 100 x 
commercial plots on payment as for DHA members i.e. 
16% of residential plots instead of 10%. 
(2) 
Prima facie, subject to determination by the investigation 
agencies, ETPB had to suffer accumulative loss on account 
of deal under review amounting to Rs.1934.77 million, 
analyses of which has been noted hereinabove based on 
report of FIA.  
(3) 
As the decision of the Board with regard to deal of ETPB 
and subsequent approval given by the Government vide 
letter 
No.P(3)/DSP/530/ETPB/07/LHR/3266 
dated 
29.04.2009 is void, and is of no legal consequences. 
Therefore, option is being given to DHA to accept the ETP 
Board’s decision taken in 263rd meeting dated 23.07.2007 
and handover the developed residential and commercial 
plots, details of which have been given hereinabove, to the 
ETPB.  
Acceptance of this offer must be communicated to ETPB 
within 30 days after receipt hereof, failing which DHA shall 
SMC 9/2011 etc. 
 
37
be bound to refund the land owned by ETPB situated in 
Mauza Lidhar, Mauza Mota Singh Wala and Mauza Dera 
Chahal etc.  
(4) 
It has also come on record that DHA has acquired more 
land than agreed upon, therefore, Senior Member Board of 
Revenue, Government of Punjab is directed to make 
arrangement for the demarcation of the properties owned 
by 
ETPB 
referred 
to 
hereinabove 
and 
ensure 
the 
restoration of the excess land; and on non acceptance of 
option noted above, total land so occupied/acquired shall 
be delivered back to ETPB by DHA by reversing the 
mutation entries and also cancelling the sale deeds, 
executed between the parities referred to in the judgment.  
(5) 
DHA, shall not be entitled to recover any compensation, if 
it has paid to obtain the possession from the lessee or on 
the development of land, as no evidence has been brought 
on record. However, to substantiate the same, if so 
advised, DHA has to resort to the Court of law to prove its 
claim by adducing evidence as it has been held in the 
matter of Action regarding Joint Venture Agreement 
between CDA and Multi-Professional Cooperative Housing 
Society (PLD 2011 SC 619). 
DHA Islamabad 
(6) 
The decision of 272nd meeting held on 16.04.2009 as a 
special agenda is contrary to section 4(2) of the Act, 1975, 
in view of the principle of law discussed hereinabove.  
SMC 9/2011 etc. 
 
38
(7) 
The Chairman of ETPB and Members of the Board handed 
over an amount of Rs.986.00 million vide tri-partite 
agreement dated 08.07.2009 to HLC and EHP. This amount 
has been recovered in pursuance of order of this Court 
dated 07.06.2013 and has been deposited in the account 
of Registrar of the Court, therefore, subject to Supreme 
Court Rules, 1980, the Registrar shall transfer this amount 
in the account of ETPB forthwith.  
(8) 
HCL and EPL have entered into a transaction in respect of 
a joint venture, which absolutely had no existence as 
despite of receiving the amount noted above the Ranches 
were not handed over as no land was acquired, however, 
HLC and EHP got benefit of the amount of Rs.986.00 
million owned by ETPB unlawfully, therefore, they are 
under legal obligation to compensate the ETPB by paying 
profit/mark-up on this amount, subject to determination 
by the Court of law.  
(9) 
As far as 50 files of Islamabad Ranches, if have been 
handed over to the ETPB, same shall be returned to the 
persons/agency from whom these files were received.  
(10) We have noticed that in the transactions entered into by 
ETPB 
with 
DHA 
Lahore 
and 
Islamabad, 
numerous 
illegalities/irregularities 
and 
violations 
of 
financial 
instructions, have been committed along with violation of 
laws; therefore, in the public interest the Secretary, 
Ministry of Minorities Affairs is directed to arrange forensic 
audit of the ETPB for the last five years and on the receipt 
SMC 9/2011 etc. 
 
39
of the report actions, both civil and criminal, should be 
taken against the delinquents, in accordance with law.  
(11) It was informed that at present position of Chairman, 
Evacuee Trust Properties Board is lying vacant, therefore, 
the Federal Government is directed to take necessary 
measures for the appointment of Chairman, in terms of 
section 3(3) of the Act, 1975 as early as could be possible 
in the interest of the institution.  
(12) In respect of both the transactions i.e. DHA, Lahore land 
acquiring of Mauza Lidhar, Mauza Mota Singh Wala and 
Mauza Dera Chahal etc. as well as DHA, Islamabad, call for 
civil 
and 
criminal 
proceedings 
against 
the 
former 
Chairman,  Mr. Asif Akhtar Hashmi and all others, who 
were directly or indirectly responsible for the same. The 
inquiry already initiated by FIA shall be expedited to be 
concluded as early as could be possible and compliance 
report shall be sent to the Registrar for our perusal in 
Chambers for appropriate orders if need be.  
53. 
  
Petitions stand disposed of in the above terms accordingly.  
 
   
 
Chief Justice 
 
 
 
 
 
 
 
Judge 
 
Judge 
Announced on 02.10.2013 at Islamabad 
 
 
 
 
 
 
 
Chief Justice  
Approved For Reporting 
