On February 10, the Federal
Cabinet approved the summary submitted by the Ministry of Defence to accord
the status of a Defence Housing Authority (DHA) to a sprawling Army housing
scheme of over 4,000 acres on the outskirts of Islamabad.
Within hours of the cabinet
decision, all the opposition parties in the Senate filed an adjournment
motion seeking a debate on this. The adjournment motion was signed jointly
by senators from the PPP, the PML (N), the MMA and the PONM, and even by a
Senator from the Tribal areas. Simultaneously, opposition members of the
Senate Standing Committee on Defence and Defence Production requisitioned a
special meeting to discuss "issues arising out of the decision of the
cabinet."
Ordinarily, the Senate must
take up an adjournment motion backed by all opposition parties. Similarly,
under the rules, the Standing Committee meeting requisitioned must also be
convened within two weeks. But going by past experience of how of
parliamentary instruments in which the word "defence" merely figures are
killed in the chamber, one is not sure about the fate of these parliamentary
instruments.
Why this fuss about the
naming of a particular housing scheme Defence Housing Authority? Some may
argue that the proposed DHA in Islamabad, supposedly a private enterprise,
will not be a burden on the national exchequer. It will be claimed that the
DHA is being built on private lands and will not expropriate state land for
the benefit of some individuals. Some may claim, as was done by the
administrator of Islamabad's DHA, that the new autonomous body would adopt
the rules and regulations of the CDA. So why the objections against it?
It will also be claimed
that Defence Housing authorities are efficient and are manned by honest
people, and that is why they are so profitable. In September, speaking at
the groundbreaking ceremony of a power and sea-water desalination plant for
the Defence Housing Authority in Karachi, General Musharraf took to task the
critics of the defence societies. Why should anyone be "jealous" if someone
else initially obtains a cheap piece of land, the price of which rises by a
hundred times because of the good work done by the housing society, enabling
the land-holders to earn money, he asked, dismissing the critics as
"pseudo-intellectuals."
It will therefore not be
surprising if the realtors behind the DHA of Islamabad, acting on command,
dismiss the Senators' plea to discuss "issues arising out of the decision"
as rantings of the "jealous" or outbursts of "pseudo-intellectuals."
If the claim that the DHA
in Islamabad would follow the rules and regulations of the CDA is correct,
then one might ask a counter-question: why change the status of the existing
housing society and why does the Defence Ministry have to move the Cabinet
to set up a separate body parallel to the CDA?
There indeed are far deeper
issues to be addressed. One critical issue is that of the military first
capturing state power and then employing this power to advance its corporate
interests in the same way as a political party after acquiring power uses it
to advance the party interests by making laws to legalize such an activity?
It becomes even more serious, in that while political leaders are
accountable for it, the military is not.
Some examples will
illustrate this.
A private housing society
called the Lahore Cantonment CooperativeHousing Society Limited was set up
in Lahore under the Punjab Cooperative Societies Act of 1925, which carried
its operations on private lands. As soon as the society began flourishing,
the army authorities took forcible possession of the society. On a
complaint, the Registrar of the Cooperative Societies ordered that elections
be held, but the occupiers refused.
Come the military takeover
in October 1999 and there was no way stopping the army authorities from
continuing the illegal occupation of the housing society, refusing to let
its members perform their statutory functions and continuing to allot plots
to military officers.
On September 19, 2002,
three weeks before the general elections, Presidential Order No 26 was
issued, setting up the Defence Housing Authority in Lahore, in place of the
civilian cooperative housing society.
The Order was subsequently
indemnified through the 17th amendment to the Constitution, thus giving a
pseudo-legal basis to the takeover of the Lahore Cantonment Housing Society.
State power was dubiously used to advance the corporate interests of the
occupiers.
In Karachi also, a private
Cooperative Housing Society formed in 1953 was abolished and replaced with
the Pakistan Defence Officers Housing Authority under presidential order No
7 of 1980. This order was indemnified at the time of the lifting of martial
law to give a pseudo-legal cover to a forcible takeover.
It is said that the DHA
Islamabad will function as efficiently as their counterpartsin Karachi and
Lahore. The Karachi DHA is a unique set-up as it is not subordinate to any
ministry nor under a statutory administrative control. It refuses to pay
government dues. During replies to parliamentary questions, it transpired
that the DHA has been refusing to pay for the past two decades over Rs280
million in state dues owed to the Cantonment Board of Clifton.
How have the DHAs become an
investor's paradise? Apart from refusing to pay state dues, Karachi's DHA
adopted a unique modus operandi to grab hundreds of acres of prime state
lands.
The DHA forcibly occupied
240 acres of provincial government land which the government had been
refusing to give it because of an ordinance which forbade the sale of
government lands to other entities, and also because the housing authority
was not prepared to buy it at market rates. The Sindh government appealed to
the Sindh High Court, claiming that the market price of the land was
Rs15,000 per square yard for residential and Rs25,000 rupees per square yard
for commercial plots and urging it to restraint the DHA from taking over its
land.
What happened in this case
makes a sorry tale of how state and political power was employed to advance
corporate interests. After the military takeover of October 1999, the
provincial government was forced to withdraw its ordinance banning the sale
of land, withdraw its petition from the High Court and agree to the sale of
240 acres of land to the DHA at the ridiculously low rate of Rs20 a square
yard.
Take the case of military
farmlands in Okara and other towns of Punjab. The farmlands belong to the
government of Punjab and were leased to the military for a specific purpose.
The military has neither paid the lease rent to the provincial government
nor vacated the land and return it to the provincial government.
Instead, the military is
forcing the tenants of farmlands to renounce their rights of sharecropping
and accept the contract system. Almost routinely, the tenants are subjected
to state repression after dubbing their leaders as working for some
undisclosed foreign agents.
Take the case of
acquisition in October of an additional 870 acres of prime land in Sector
E-10 in the capital for the GHQ at Rs200 per square yard, against the market
value of Rs120,000 per square yard, causing a loss of over Rs500 billion to
the CDA. This land is in addition to the 1,400 acres already allocated for
the GHQ. An adjournment motion seeking to debate this extravaganza however
did not come up on the floor of the Senate.
Or, take the case of the
misuse of government lands given to the military for specific defence
purposes. It transpired recently, again in replies to parliamentary
questions, that the military had transformed six agricultural and dairy
farms spread over several hundred acres of land into golf courses and army
housing schemes. If an enterprise gets prime land free and develops housing
societies on it, it is bound to be an investor's bonanza and a realtor's
paradise.
It is not that the
"pseudo-intellectuals" are crying hoarse because they are "jealous." Tongues
are wagging because state lands continue to be captured under pseudo-legal
cover. Concerned citizens and parliamentarians must raise their voice
against this.
The
writer is a Senator of the Pakistan Peoples' Party. Email: drkhshan@isb.comsats.net.pk