FIA begins countrywide probe into ‘irregularities’ at ETPB on orders of SC

LAHORE: Following orders of the Supreme Court of Pakistan (SC), the Federal Investigation Agency (FIA) launched a countrywide probe against the officials of Evacuee Trust Property Board (ETPB) for causing a loss to the tune of Rs77 billion due to alleged irregularities.

The FIA officials confirmed on Wednesday that they had started the probe into the affairs of the ETPB as an SC bench, led by Chief Justice Justice Gulzar Ahmad while hearing a case on November 16, had ordered the Director General FIA to identify board officials (former and incumbent) responsible for the “big loss.”

“We have started several inquiries at FIA Karachi, Lahore, Islamabad, Peshawar, etc. into ETPB’s affairs. We have held a couple of meetings with ETPB officials and have sought complete records from them,” a senior FIA official told Bol News.

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He said that the FIA would examine their record and take strict actions against the accused officials if found guilty and added, the SC had given them one month to submit a preliminary report on the matter.

The top court gave the orders after the Auditor-General of Pakistan (AGP) submitted its forensic report — conducted on the orders of SC — related to ETPB.

“This court has passed an order dated 31.03.2021 by which the Auditor-General of Pakistan was directed to conduct a forensic audit of all the properties lying in trust with the Board under Evacuee Trust Property Board Act, 1975 and to give a comprehensive report.”

The SC also appointed Dr Shoaib Suddle, Chairman One-Man Commission, to look into the affairs of ETPB.

The court observed Dr Suddle had stated that the ETPB board did not cooperate with the AG, and instead of providing complete records, it provided less than 50% of property records. At one instance, it added, there were 7143 urban units in which serious irregularities were found wherein the amount involved was staggering to Rs77.597 billion.

The SC observed it was told that the board had submitted 17 volumes containing records of the 48,000 properties belonging to the government of Pakistan.

“It is stated that three properties have been sold; one to DHA, Lahore, the second to Multan Development Authority (MDA) and the third to Talib Hussain.”

The top court observed that “let full record regarding the selling of the land to above three entities/persons be furnished to the court and also provide to the Court material and law based on which the sale could have been made.”

The SC also directed to issue notices to the DHA, Lahore, Director General Multan Development Authority and Talib Hussain to show under which authority of law they could acquire the land belonging to the federal government of Pakistan, lying in trust with the ETPB board.

“In the circumstances, let a copy of the report of Auditor-General of Pakistan be provided to the Director-General, FIA, who shall take immediate action against the officials, who are found responsible in the commission of irregularities in the matter of properties lying in trust with the Board and in this regard shall deal with all past, and present officials of the Board and they be dealt with in accordance with the law.”

The court directed DG FIA to ensure retrieving the properties in trust with the ETPB board and belonging to the government [of Pakistan] and restore the same to the centre.

“The DG FIA shall submit a preliminary report before this Court within one month,” the court observed.
While directing Chairman ETPB Aamir Ahmad to ensure due cooperation and compliance, the SC also directed the AG to conclude the forensic audit of the properties in trust with the ETPB board within two months.

“Apparently, there seems to be no serious effort on the part of the Board to retrieve the illegally occupied properties, and such is a serious drain and causing heavy loss to the government of Pakistan, who ultimately is the owner of the land.”

The SC directed that AG to take into consideration all the aspects and also the aspect as to whether the lease or rental or possession or license or selling of land by the ETPB board was at all legally tenable and as to what amount of loss, the board had caused to the properties of the federal government of Pakistan, and also pinpoint the names of the persons and officials of the ETPB board, who had indulged in illegal activities.

Despite time limitations and non-availability of complete records related to the ETPB board’s agriculture land at ETPB HQ and ETPOs, the audit pointed out 318 irregularities of Rs54.612 billion against 67,399 acres of agricultural land.

These irregularities include un-authentic records maintained by ETPB HQ, illegal occupation, sale/transfer, subletting, less/non-recovery of the lease money, non-development of urban land, non-utilization/auction, the nonexistence of monitoring and reporting system and inordinate delay in the settlement of disputes.

Evacuee Trust land, measuring 8,266 acres (Agriculture Land) out of 109,369 acres (7.5 %) having an estimated value of Rs26.401 billion, had neither record in the master file of ETPB HQ nor had ownership with the ETPB.

The centrally maintained master data at HQ Lahore does not reconcile with the land record available at ETPOs to the stated extent.

The audit observed that the above land includes land 2158 acres that were declared by the chairman ETPB as trust land, but title and ownership were not transferred to ETPB in various cases since the inception of ETPB.

Similarly, the audit observed, land measuring 5074 acres having an estimated value of Rs10billion was transferred/sold illegally by the ETPB to Housing Societies of ETPB employees, Educational Institutions, ownership rights to residents of Kachi Abadi and through open auction.

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Moreover, land measuring 5067 acres having an estimated value of Rs15.956 billion was illegally occupied or encroached in various parts of the country by locals/landlords.

According to the audit report, lease money of land measuring 42,796 acres was under-assessed/fixed/not recovered in violation of governing laws/policy, resulting in a loss of Rs2.013 billion. Similarly, land measuring 4038 acres were lying vacant without a lease, but the management did not take measures to utilize the same for generating income.

The court observed in the report that 1082 dispute cases were outstanding since long in the cf the federal secretary, chairman ETPB, administrators, resulting in a loss of lease money of Rs242.28 million.