PHC adjourns hearing on Aquaf land dispute

Court seeks report on 36,000 kanals, orders action against illegal occupants

PESHAWAR:

The Peshawar High Court has adjourned the hearing on a contempt of court petition filed against the non-recovery of 36,000 kanals of land owned by the Auqaf Department in Kalu Shah area of Mardan despite prior court orders.

The court also sought a report on whether the land would be re-leased or returned to its original owner.

A two-member bench comprising acting Chief Justice of PHC SM Attiq Shah and Sahibzada Asadullah heard the contempt of court petition filed by the chief administrator Auqaf.

Administrator Auqaf Yousaf Ali Momand, Assistant Commissioner Takht Bhai Junaid Khalid, Additional Advocate General Inam Yousafzai appeared in court on behalf of Auqaf while Aminur Rehman Yousafzai Advocate and Nasir Mahmood Advocate represented the lease holders of the lands.

Administrator Auqaf Yousaf Ali Mohmand told the court that action was taken a day earlier to ensure the implementation of the decisions of the Supreme Court of Pakistan regarding the ownership of the land.

Police and other agencies went to recover the land from the occupants. However, the illegal occupants opened fire, injuring a patwari. As the situation became tense, the concerned administration stopped the operation after consulting higher authorities, while a case was registered against 27 people for firing on police under Anti-Terrorism Act.

Conversely, the lawyers of the leaseholders argued that despite clear PHC orders, the police and administration attempted to seized the land, which they claimed constituted contempt of court.

In response, Administrator Auqaf and Additional Advocate General Inam Yousafzai clarified that no action was taken against leaseholders or individuals with a PHC stay order, the operation specifically targeted illegal land grabbers.

On this occasion, the lawyer of the leaseholders told the court that the PHC has issued a stay order on the same land and now several people have come to become parties in this case.

The court directed that the report in light of the decisions of the Supreme Court of Pakistan should be submitted to the court by April 10.

It directed that action should be taken against the accused named in the FIR as per the law. The court adjourned further hearing.