Land owners of Patwar villages request CM to take notice. PHOTO: FILE
PESHAWAR: The landowners of Patwar Bala and Patwar Payan villages were not able to sell their lands or do any business on them since 2008 due to imposition of Section 4 of Land Acquisition Act, 1894. However, now they are threatened by the throwaway prices fixed by the district administration to buy the land for the Peshawar Northern Bypass Road.
The landowners of the villages have requested Chief Minister Pervez Khattak to take notice of the prices set up for their lands.
“The government imposed Section 4 [that allows public workmen to start work at any time on the land] in 2008 and the district administration has yet to clear the situation about land acquisition,” a resident of Patwar Bala, Wali Jan, who had provided his land for the road, told The Express Tribune. “[However] we are not allowed to run any business for the last eight years.”
He added the land has not been given to the district administration yet, but if the government tried to take the land on Ausat Yaksala procedure, the owners will resist.
Ausat Yaksala is procedure through with government patwaris decide the price. In Ausat Yaksala, the average of the previous year’s land purchase is calculated through which the new price is decided. Locals are decrying the low prices, saying the patwaris randomly mention low prices on the documents, despite the fact that land in the surrounding areas is purchased at higher prices.
Contradicting the law
Section 11b reads that the process of land acquisition should be completed within six months from the date of notification.
The residents said land acquisition under Ausat Yaksala procedure violates laws. Clause(5)(2) of section 11b of the amended act read the committee that determines the price of land should take into consideration the market value of the land for any government project.
Moreover, at a meeting in 2008 it was decided that market value would be taken into consideration. The meeting was held on May 13, 2008 with officials of National Highway Authority and Revenue and Estate Department and former district coordination officer of Peshawar, Sahibzada Muhammad Anis (late) were in attendance among other. At that time, the cost of land for the construction of the road was discussed. A copy of the minutes of the meeting is available with The Express Tribune. The minutes stated the land will be acquired from the residents under Section 23 of Land Acquisition Act,1894 that reads cost of land would be determined keeping in view the market value.
Owners lament
The owners who own land in Patwar Payan and Patwar Bala are against the prices that they will get if no action is taken as per their will.
Muhammad Shafiq, whose two-kanal land is being acquired for the road, told The Express Tribune rate that the government has determined for their lands is below the market value.
He said the government has asked for their land for Rs60,000 per marla, whereas the market value of the land, being a commercial one, is between Rs0.4 million to Rs0.8 million. “Owners will not let the government purchase their lands for such a low amount.”
The table of valuation, a copy of which is available with The Express Tribune, states cost of land of Patwar Bala and Patwar Payan, under Ausat Yaksala, are Rs66,000 and Rs44,890 per marla respectively.
In 2013, the district government acquired land in Palosai Talarzai tehsil in Peshawar, to expand the lane of Warsak Road in Peshawar. Its cost was determined under the market value. The documents — to acquire land for Warsak Road — clearly mention about the determination of market value of the land to be acquired from the owners. A copy of the documents is available with The Express Tribune.
While commenting on the issue of Patwar Payan and Patwar Bala land, Peshawar Dc Riaz Mehsud said over the phone, the land was acquired under Section 23 of the Land Acquisition Act, 1984.
He said if the residents have complains over the procedure, then the court verdict, if any, would be acceptable to the district administration.
Published in The Express Tribune, June 12th, 2016.
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