FIA submits housing project scam inquiry report to SC

The Nation

General power of attorneys, gift deeds not executed in normal circumstances
ISLAMABAD – Federal Investigation Agency submitted its inquiry report in the Supreme Court regarding Top City Housing Project scam involving billions of rupees worth thousands of Kanals and recommended to refer the matter to National Accountability Bureau for criminal proceedings.
The report stated that the general power of attorneys and gift deeds in the alleged scam were neither executed in normal circumstances nor the transfer of ownership on the basis of photocopies of these documents was carried out by the Registrar of Firms in transparent manner.
“Hence, appropriate directions may please be issued regarding the restoration of the interest of the complainant in M/s Dynast Associates, keeping in view the litigations pending between both the parties,” a 49-page inquiry report recommended.
It is further recommended that the matter be referred to NAB for criminal enquiry against the officials of the Registrar of Firm Office Moeez Ahmand Khan and his other accomplices.
Last year, former Chief Justice Mian Saqib Nisar through Human Rights Cell of Supreme Court had directed the FIA to constitute a committee and inquire into complaint of a lady namely Zahida Javed Aslam.
In compliance with the directions, a three-member Inquiry Committee was constituted comprising Assistant Director Ijaz Sheikh, Inspector Azmat Khan and Inspector Muhammad Nadeem was constituted.
The complainant with her family is settled in UK since 1989 and her brother Iftikhar Ali Waqar (late) was used to manage the real estate business of the lady complainant in Pakistan.
In September 2003, Waqar and one Abdullah Butt started purchasing land in Rawalpindi near toll plaza for launching of a housing scheme by the name of Sun City which was later divided into two projects namely Top City I and Top Mumtaz City.
In 2003, both got registered a partnership firm with the Registrar of Firms ICT under the name of M/s Dynast Associates with 50 per cent sharing of each.
The Layout Plan of Top City project was firstly approved over an area of 2146.57 Kanal and later on it was extended to 5,906 Kanal 4 Marla. In October 2004, the management started selling residential plots of the Top City project on instalment basis to general public.
The complainant sent General Power of Attorney from UK in favour of his brother Waqar on the basis of which he kept managing the affairs of the company including selling of plots of Top City on behalf of his sister.
“At that time, only partial instalments under the account of cost of land including down payments could had been collected from the allottees of the residential plots by M/s Dynast Associates. The remaining instalment charges and allied expenses were still to be charged,” the Inquiry Committee stated in its findings.
By the end of 2006, the company had purchased land measuring 3147 Kanals and 5 Marlas in Ratwal, Bango, Kasana and land measuring 6336 Kanals and 3 Marlas at Pindigheb Attock. Moreover, land at Zone IV, District Islamabad and Ghurbal village was also purchased.
In April 2008, Muhammad Masood, Rana Iftikhar, Munir Warraich and Abdullah Butt in connivance with the deceased Waqar attempted to become partner of the company with 50 per cent shareholding by fraudulently preparing partnership deed without knowledge of the complainant. However, this attempt could not succeed due to timely intervention of the complainant.
Immediately after the attempt, Waqar committed suicide, the report stated. The report further stated that after the death of Waqar, the complainant tried to take over the management of affairs of his business but she was not allowed to do so as the offices of the company and record of the project was withheld by Butt, Munir Warraich, Rana Iftikhar and Muhammad Masood illegally.
The report further stated that the complainant hired a person namely Moeez Ahmad Khan on salary basis to manage her real estate business. However, Moeez Ahmad Khan later conspired against her to get the shares. The report stated that the complainant only sent the copies of documents to Moeez Ahmad Khan and retained the original documents.
It further added that complainant never appeared before the Registrar of Firms to testify the documents executed in favour of her employee Moeez Ahmad Khan.
“No evidence has come on record proving the mental illness of the complainant or any blood relation or love or affection affair of the complainant with Moeez Ahmad Khan compelling her to gift her assets worth billions of rupees in his favour. Rather it has been proved that he was engaged as an employee and he had never physically met the complainant since his engagement up till the return of the lady to Pakistan in 2017,” it added.
“Although, the Top City Project was facing financial problems and complainant was also having hard time but the situation was not that dismal that complainant despite owning assets worth billions of rupees gifted her share without any consideration,” it added.
The report further stated that the manner in which shares were got transfer without appearance of complainant before Registrar of Firm Office raises suspicion adding that the Registrar of Firm Office also did not even once contacted to the complainant to check the veracity of documents.
“No due diligence was done by the Registrar of Firms or his subordinates for the reasons best known to them,” the report stated.

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