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IHC issues notice to AG over land acquisition
By Khalid Amin
ISLAMABAD—The Islamabad High Court (IHC) here Tuesday issued notice to
Attorney General for Pakistan to appear on April 2 and apprise it about
the constitutional provisions regarding land acquisition by the
government ministries and departments.
A single-judge bench of Justice Syed Qalbe Hassan heard a writ petition
filed by Raja Safeer Ahmed against the Ministry of Defence.
Syed Iftikhar Hussain Gillani, senior advocate of Supreme Court,
appearing as counsel for the petitioner, apprised the Bench that the
Ministry of Defence through a notification has acquired about 2,000
acres of land near Pakistan Institute for Nuclear Sciences and
Technology at Lethrar road.
He said that the step by the concerned authorities was ultra vires of
Constitution and it was not permissible under the law of the land.
Such notification, he said, can be issued when a construction near
sensitive area pose a hinderance to its functioning.
“But here an owner of the land has been denied of his right to utilize
his piece of land,” he added.
Gillani also claimed that this step also brought down the prices of land
to bottom resulting in financial losses to the owners of lands in that
area.
He elaborated that these laws exist since 1903, but huge construction
was done near sensitive installations in and around Rawalpindi.
Raja Mohammad Bashir and Barrister Masroor Shah appearing as Standing
Counsels apprised the court that laws did exist to acquire public
property and equal compensation had been paid to the affected owners at
market prices.
A collector would determine decrease in prices of land if it occurred
but surely he would take all the issues into consideration while making
compensation, he added.
He said that the concerned collector of land was also bound to issue
notice to the people about the mode of compensation.
Justice Syed Qalbe Hassan after hearing both parties issued notice to
Attorney General for Pakistan to appear on April 2 and apprise the Court
about existing laws. |