February 17, 2020 (MLN):  Javedan Corporation Limited (JCL), a builder of Naya Nazimabad Housing Scheme has fervidly denied all allegations reported in a letter issued by DC west to different government departments, agencies and banks.

In a wide letter to Exchange, JCL has apprised that the ownership title of Naya Nazimabad land is absolute, lawful, clean and clear as concluded in investigations conducted by courts and several government agencies including Board of Revenue, NAB, and FIA from time to time. It is important to note that the land presently owned by the company has been in its possession since its nationalization through Economic Reforms Order of 1972.

All activities undertaken by (JCL) including hill cutting, land levelling, infrastructure development, construction, sale and transfer bear perfect requisite approvals by the Board of Revenue (BOR), Lyari Development Authority (LDA) and Sindh Building Control Authority (SBCA).

The notification further stated that the Gath/Wadh (survey) form 35, which merely states land measurement and has no bearing on the title, was created through proper procedure. Its cancellation was illegal and hence it was subsequently restored. Its genuineness is evident from several reports and documents of BOR.

JCL further accused DC West with disappointment that despite having access to all records and information, he chose to misrepresent facts and commit contempt against clear instructions as per the restraining orders of the Honorable Sindh High Court dated February 11, 2020.

 The company also provided the following additional facts related to the matter to inform their valued stakeholders.

• Land Owned by JCL can be broken down in three components: 928 acres 99-year leasehold land allotted to JCL in 1960/61; 310 acres freehold land, and 128 acres leasehold land allotted to JCL in 2011.

• 1074 acres were leased out to the company in 1960 under the Bombay Land Revenue Act. Further 39 acres were leased out to the company in 1961. 186 acres of leasehold land was transferred to another entity in the 60s and hence the company is left with 1,056 acres (1074 + 39 — 186 + 128) of 99-year leasehold land

• The company was nationalized under the Economic Reforms Order of 1972 and was renamed as Javedan Cement Limited. Earlier it was called Valika Cement Limited and was one of the early listed companies at the Karachi Stock Exchange.The company was privatized in 2006 through a transparent bidding process in 2006. 96.34% shares were acquired by the present sponsors.

• Allegations against the company's land title and ownership were raised on several occasions in the past: Based on the allegations raised by a Mukhtiarkar, Executive District Officer (EDO) took a suo moto notice and unambiguously declared in 2008 that JCL is the legitimate owner of the land.

•  Company's land was also a subject matter of a litigation   1302/1996 at SHC. The court decree clearly states the land in the company's name.

• Naya Nazimabad project was planned and launched only on the 99-year leasehold and freehold land of the company.

• The company submitted for the NOC, as required by law, to develop a housing project to the Board of Revenue through EDO in 2008, which was duly forwarded to DG LDA by District Office in Feb 2009. Master Plan was approved by the Lyari Development Authority in 2010 and Sale NOC from SBCA was obtained in 2011. It may also be noted that public announcements were made in leading newspapers at each relevant step of the approval process.

• In January   2011, the company applied for the survey and demarcation of its NaClass (unmeasured) land. The land was duly surveyed and new survey numbers were issued along with the Ghat Wadh form 35. These survey numbers were incorporated in the Record of Rights as well.

• In 2016, the company learnt that Ghat Wadh form 35 was allegedly cancelled in 2013. This was an act of sheer and blatant violation of the law. It may be interesting to note that neither the company nor any government department such as Board of Revenue, LDA/, SBCA were informed of this act.

• The company applied for the restoration of the Ghat Wadh form no. 35 and received a restoration letter along with maps.

• All extracts are taken out from Record of Rights, as late as January 2020 clearly showed that survey numbers remained intact. Geospatial deh map prepared under the project undertaken to conduct a survey for suo moto case 16/2014 also shows these survey numbers.

• In 2015, NAB conducted an inquiry into alleged misuse of government land and cleared the company's name of any wrongdoing in this regard.

• Similarly, FIA conducted an inquiry into any wrongdoing by the company causing a loss to the exchequer and concluded that allegations could not be substantiated hence the inquiry was closed.

• Regarding 128 acres land, this land was allotted in June 2012 by the Sindh Government before the Supreme Court's ban in November 2012. The lease formalities were completed only after the Supreme Court ban was lifted in August 2019 and after the completion of the Commissioner office's inquiry.