Abbottabad Park opens amid land dispute

702-kanal park inaugurated as questions persist over Shimla Hill ownership

ABBOTTABAD:

Khyber-Pakhtunkhwa Chief Minister Muhammad Sohail Afridi on Saturday inaugurated a state-of-the-art park built over 702 kanals at Shimla Hill in Abbottabad, while questions over the legal status of the land resurfaced following the opening.

The Peshawar High Court (PHC) had previously declared a mutation concerning the relevant Shimla Hills land illegal and annulled it.

The Abbottabad Park has been developed under the Khyber- Pakhtunkhwa Cities Improvement Project (KPCIP), which aims to improve urban infrastructure, the environment, green spaces and the quality of life in major cities across the province.

During a briefing given to the chief minister at the inauguration, officials said the 702-kanal park featured 30 environmentally friendly pavilions, a 365-metre-long zip line, a children's play area and a cricket ground.

Six walking tracks had been constructed for visitors, while separate mosques for men and women had also been built. A large restaurant and cafeteria have been established for visitors, along with three parking areas capable of accommodating around 250 vehicles in total.

Officials said the park contained around 13,000 trees, including 6,000 newly planted trees. They claimed that no existing tree had been damaged during construction.

Addressing a public gathering after the inauguration, Afridi said Rs200 billion had been allocated for the Khushhal Hazara Programme, including Rs150b for development projects and Rs50b for promoting tourism in Hazara Division.

Referring to Abbottabad's major urban flooding problem, the chief minister announced an allocation of Rs1.4b for its permanent resolution.

Regarding the District Headquarters Hospital Abbottabad project, Afridi said funds had already been allocated and additional funds would also be provided.

Shimla Hill land issue resurfaces

The legal status of the Shimla Hill land has gained renewed attention following the inauguration of the Abbottabad Park, with questions arising over its ownership and subsequent transfer.

According to available court records, a PHC bench comprising Justice Waqar Ahmad Seth and Justice Irshad Qaiser, while hearing a constitutional petition filed by Muhammad Zubair Khan in 2014, had ruled on key legal aspects concerning the Shimla Hills land.

The judgment, referring to revenue records and comments submitted by the deputy commissioner, stated that Khasra No 2, measuring 1,434 kanals and 13 marlas, was owned by the federal government and was in the possession of the District Council Abbottabad.

The court noted that no mutation existed showing that the federal government had transferred the land to the district council, the K-government or any other institution. The court also declared Mutation No 448, entered for the establishment of a media colony, erroneous and illegal and annulled it.

The court ruled that federally owned land could not be transferred or placed under provincial control without a lawful transfer, and directed legal action against officials involved in verifying the disputed mutation.

In light of the judgment, it remains unclear whether the land used for Abbottabad Park was subsequently transferred legally to the provincial government or the relevant institution.

Questions also remain over whether the required permission, no-objection certificates, land-transfer documents and other legal approvals were obtained before construction began.