ISLAMABAD: The National Accountability Bureau (NAB) has filed two references against Bahria Town pertaining to the Golf City project in Murree and another project in Takht Pari Forest in Rawalpindi.
The anti-graft body has filed both references in the NAB court in Rawalpindi.
In the Takht Pari reference, 18 individuals, including Malik Riaz Hussain, Ahmed Ali Riaz and former Punjab chief minister Chaudhry Pervaiz Elahi, have been named as respondents.
The reference seeks legal action against the accused per the law.
In the Golf City reference, Malik Riaz Hussain and 20 others have been named as respondents.
The references requested that legal proceedings be initiated against the accused and punished as per the law.
Recently, NAB issued a statement declaring Malik Riaz a “court absconder” and warning that any investment in Bahria Town’s Dubai project would be considered ‘money laundering.’
Malik Riaz is currently living in Dubai, and the NAB has said that the government of Pakistan is reaching out to the UAE authorities via legal channels for his extradition.
According to NAB’s statement, “Malik Riaz and his associates have seized land in Karachi, Takht Pari (Rawalpindi), and New Murree under the name of Bahria Town. Malik Riaz has illegally occupied public and private land, established housing societies without permission and defrauded people of billions of rupees.”
Efforts were made to obtain Malik Riaz’s stance on the matter, but he did not respond. However, his staff secretary, Colonel Khalil-ur-Rehman, told the BBC Urdu that since the case is currently in court, Bahria Town will present its position in the court.
Following NAB’s earlier statement, Malik Riaz took to X, refuting allegations of illegal land occupation in various cities. He termed NAB’s press release “baseless” and accused it of “blackmailing.” He said that he has always followed the law in Pakistan and around the world.
Malik Riaz linked NAB’s allegations to the country’s political situation, accusing the anti-graft body of blackmailing him. He said that he would neither testify against anyone nor be used against anyone. He also said that he moved abroad due to “pressure to testify.”
Takht Pari, Malik Riaz, and DHA
If you travel from Pakistan’s capital, Islamabad, towards Lahore on the Grand Trunk (GT) Road, the Takht Pari forest area starts approximately five kilometers past the Soan River on the left.
Once a dense forest until two decades ago, this land is now home to luxurious villas of Bahria Town, property tycoon Malik Riaz, and the Defence Housing Authority (DHA).
However, court probes and records show that this area, originally forest land, has illegally been occupied and developed.
For years, the Takht Pari forest has been subject to alleged encroachments, but the issue recently resurfaced following a NAB statement, which accused Malik Riaz and his associates of illegally seizing land in Karachi, Takht Pari and New Murree.
A 2011 investigation report by retired Judge Mazhar Minhas says that Bahria Town and DHA jointly ‘cleared’ the Takht Pari forest. While both entities deny land encroachment allegations, the Supreme Court ruled in 2018 that Bahria Town and DHA had seized state-owned forests and communal land.
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DHA, however, denies occupying any land, including forest areas. According to the military-run institution, it has not encroached on Takht Pari or any other forest land, and its “Sector F” is owned by Bahria Town.
The Supreme Court of Pakistan, in response to complaints about forest land encroachment, had instructed the forest department and the Survey of Pakistan to conduct a fresh survey. The court, citing reports submitted by these agencies, noted in its 2018 ruling that “Google Earth images show that until April 17, 2005, the Takht Pari forest was intact, but by October 9, 2005, trees had been cut down, and construction had begun.”
But how did this vast forested land — spanning over 2,000 acres at the Islamabad-Rawalpindi border —turn into a housing scheme? What role did Bahria Town and DHA play in this process?
According to the BBC, it reviewed multiple court rulings, inquiry reports, and police cases, and spoke to petitioners, affected individuals, and relevant officials.
Some government officials, who agreed to provide access to official records on the condition of anonymity, said they faced “immense pressure” from these two residential projects.
In its 2018 verdict, the Supreme Court ordered authorities to reclaim the encroached land. The NAB had told the court during multiple hearings that investigations were ongoing and actions would be taken per judicial orders. However, Punjab’s Chief Conservator of Forests, Abdul Muqeet Khan, said that no progress could be made.
“Our stance remains the same: oxygen is essential for breathing, and forest land that has been encroached upon must either be reclaimed or replaced with equivalent land,” he said.
Story of Encroachment on Takht Pari Forest
According to the Supreme Court’s ruling, official documents show that Bahria Town possesses 483.99 acres of forest land. Of this, 163.36 acres were incorporated into Bahria Town’s Phase 8, 185.17 acres were allocated to ‘Bahria Springs North,’ 5.29 acres were designated for Overseas Sector One, and 110.17 acres of forest land was used for three sectors of Garden City.
Currently, around 300 acres of Takht Pari forest land have been developed by DHA. Official records show that 9.01 acres of Takht Pari forest land was included in DHA Phase III, 74.84 acres were allocated for Defense Villas, and 202.48 acres were incorporated into DHA Sector F.
Bahria Town also transferred land to DHA, and together, Bahria Town and DHA integrated 754.92 acres of forest land into their residential projects.
Encroachment on Forest Land
BBC obtained official maps from forest and revenue departments and the Survey of Pakistan, confirming that Bahria Town and the military’s residential project, DHA, not only occupied but also built large structures on government-owned forest lands located near streams, dams, and rivers.
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DHA officials told BBC that the agreements with Malik Riaz stipulated that he would acquire and hand over the land to them, and neither the military nor DHA directly undertook this acquisition.
Takht Pari Forest Dispute
The total area of Takht Pari forest is 2,210 acres, as evidenced by official records and maps dating back to 1886 from the forest and revenue departments. However, according to the Supreme Court’s ruling, during former Pervaiz Elahi’s tenure, Rawalpindi’s district administration revised the boundary, reducing the forest area to 1,741 acres.
The Supreme Court decision was authored by retired Justice Ijaz Afzal Khan, Justice Maqbool Baqar, and Justice Faisal Arab.
On November 13, 2018, former Chief Justice Asif Saeed Khosa wrote in a ruling that transferring forest land to Bahria Town constituted a “fit case” for NAB to file a reference against Pervaiz Elahi.
Pervaiz Elahi’s spokesperson and media coordinator, Chaudhry Muhammad Iqbal, told BBC that “these allegations were never proven, and he did not commit any wrongdoing.” He maintained the same stance in court.
SC Orders To Fix Boundary Demarcation
To rectify the issue, the Supreme Court formed a high-level committee comprising officials from the forest and revenue departments, and Survey of Pakistan, which declared the initial demarcation improper.
A report submitted to the court by the forest department and the Survey of Pakistan said that according to Google Earth imagery, as of April 17, 2005, the Takht Pari forest was intact. However, by October 9, 2005, trees had been cut down, and construction had begun.
Bahria Town submitted a request for construction on March 16, 2007, and by July 9, 2007, development had already commenced.
When Supreme Court reviewed the files of Bahria Town projects in Rawalpindi and Islamabad, it was revealed that hundreds of acres of government forest land had been converted into commercial plazas and residential buildings.
Forgery in Government Records
Court investigations revealed that government officials manipulated records to benefit Bahria Town. This prompted the judges to include a verse by poet Saghar Siddiqui in their 2018 ruling: “The destruction of the garden is not without reason.Some gardeners are in league with fire and lightning.”
The verdict noted that despite numerous complaints to NAB and other authorities, no action was taken.
Supreme Court Orders Land Reclamation
The Supreme Court ordered the recovery of forest land that had been merged into Bahria Golf City and other Bahria projects.
During the court-ordered demarcation, Bahria Town struck a deal with the forest department, offering to exchange its own land in return for the forest land it had occupied.
The ruling said that Bahria Town’s lawyers protested vigorously in court, insisting the matter was resolved and no further action was needed. However, the court remarked that “the forest department appeared more loyal than the king himself, protecting Bahria Town’s interests even better than Bahria Town could.”
The judges further questioned how millions of trees were cleared without any official intervention, stating that “officials at every level turned a blind eye, allowing Bahria Town unrestricted use of government resources.”
The ruling noted that despite clear evidence, forest department officials showed no concern. In an era of advanced technology, where every inch of land is traceable, hundreds of acres were usurped without anyone raising an objection.
NAB’s Delayed Action
Following the Supreme Court’s order, NAB issued a press release in May 2018, announcing an official probe against Bahria Town. The release stated that former NAB Chairman Justice (retd) Javed Iqbal had directed the relevant directors to complete the probe within three months in light of the Supreme Court’s ruling.
However, despite this announcement, NAB maintains that the investigation is still ongoing. Meanwhile, Punjab’s Chief Conservator of Forests, Abdul Muqeet Khan, remains hopeful that the forest land will eventually be reclaimed.
But the question remains: How was all of this allowed to happen?
To uncover the facts regarding Bahria Town’s forced land acquisitions, the Supreme Court ordered an inquiry in 2010, led by Islamabad Session Judge Mazhar Minhas. During this inquiry, Malik Riaz also appeared in the court.
Retired Judge Mazhar Minhas told BBC that when he issued a summons for the investigation, both Malik Riaz and the DHA administration became part of the inquiry.
According to him, “On the first day, during Malik Riaz’s interrogation, he suddenly felt unwell and said his blood sugar level had dropped. He requested a break in the questioning session.”
Minhas said that the interrogation session lasted about two and a half hours.
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“The next day, an unfortunate shooting incident occurred between two rival groups at Islamabad’s F-8 Katchheri (court complex).
Following this, Malik Riaz sent his employee, retired Colonel Khalil ur Rehman, with a message that he would only appear if the court provided security. Otherwise, he would not attend,” the former judge recalled.
“I assured security inside the court but clarified that security on the way to the court was not the judiciary’s responsibility. At this, Colonel Khalil said, ‘Then Malik Riaz cannot appear.’”
However, later, Malik Riaz appeared and recorded his full statement.
When Judge Minhas summoned DHA officials, they initially responded saying, “We have no connection to these matters.” However, they later sent a representative, whose statement was recorded and included in the inquiry report submitted to the court.
The inquiry report held the DHA and government machinery equally complicit alongside Malik Riaz in these land acquisitions.
DHA officials claimed they have already presented their stance in court, claiming they were also deceived by Malik Riaz.
According to DHA officials, they have challenged this report in the court. However, they confirmed that they conducted their internal investigation, during which they asked multiple questions from Malik Riaz, but he refused to participate in the inquiry process.
Forced Land Seizures
According to the judicial inquiry report, Bahria Town forcibly took over 1,200 kanals of forest land in Takht Pari and incorporated it into its housing projects.
The report states that when a forest department officer wrote to the Rawalpindi District Police Officer on 20 September 2005, requesting action against Bahria Town’s illegal occupation, the police did not act against Bahria Town. Instead, they detained and harassed the complainant officer.
A retired Colonel Abdul Qadir testified before Judge Mazhar Minhas as an eyewitness to these events.
According to the report, a retired commando played a key role in grabbing the forest land and other lands and the forced evictions of owners. Those unwilling to sell their land were implicated in false criminal cases through the police.
Bahria Town and DHA allegedly purchased land at low prices against the will of the owners. The inquiry report also listed the names of officials who facilitated Bahria Town and the DHA in these dealings.
By 2010, at least 13 petitions had been filed against the DHA before the Lahore High Court’s Rawalpindi bench.
Legal Challenges Against Malik Riaz
Dr Shafiq ur Rehman, a petitioner against Malik Riaz in the Supreme Court, told BBC that when Malik Riaz seized his land near Takht Pari, he pursued legal action. In retaliation, in 2008, Malik Riaz allegedly had him implicated in various criminal cases, including murder, through the police.
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Dr Shafiq said that his case eventually reached the Supreme Court, where he presented evidence regarding the illegal occupation of forest lands. Supreme Court intervention led to the dismissal of the false charges against him, and his grievances were heard.
DHA’s Response: “We Haven’t Encroached on Any Land”
According to the BBC, DHA officials denied any illegal land occupations and called all allegations baseless.
“DHA only purchases land and makes payments accordingly, while Malik Riaz was responsible for acquiring land,” DHA officials said.
They claimed that the DHA had not occupied any forest land and clarified that Sector F of DHA was still under Bahria Town’s ownership.
In response to a question, DHA officials acknowledged that they handled the transfer of plots and ownership matters in Sector F, but Bahria Town managed its security and administration.
They further alleged that Malik Riaz did not fulfil the terms of his agreements with DHA.
Supreme Court’s Decade-Long Review
This case has been under Supreme Court scrutiny for over a decade. Notably, DHA Islamabad’s affairs are monitored directly by GHQ, with a serving Brigadier appointed as DHA’s administrator, as explicitly mentioned in the DHA Act of 2013.
DHA-Bahria Town Agreements
Malik Riaz’s association with defence institutions began in 1995 through an agreement with the Pakistan Navy’s charitable organization, Bahria Foundation. Under this deal, a new company, Bahria Town, was established to develop a housing scheme for the families of martyrs. Before this, Malik Riaz owned ‘Hussain Global Associates Private Limited.’
However, Bahria Town’s documents reveal that Malik Riaz failed to meet the contractual terms with the Pakistan Navy for launching residential projects in Islamabad and Lahore. By 1999, he had defaulted on his obligations. Pakistan Navy Attempted to reclaim its brand name but has been unsuccessful to this day.
Political Reactions
Defence Minister Khawaja Asif, at a recent press conference held earlier, said that he had raised this issue with the then naval chief but he did not receive a satisfactory reply.
Khawaja Asif also said, “There should be a national-level probe into Malik Riaz’s assets. The government will take action against him and bring him back from the UAE.”