Similar orders were issued for private entities. During a hearing on Wednesday, revenue Department officials informed the court that government schools, health facilities, tube wells and private buildings had been illegally built on graveyard land.
Hearing a writ petition filed by Arsalan Pasha against a ‘land mafia’ occupying Auqaf land meant for graveyards, a PHC division bench comprising PHC Chief Justice (CJ) Dost Muhammad Khan and Justice Waqar Ahmed Seth was briefed by officials about their performance in retrieving the land.
Peshawar
The PHC issued a show-cause notice to the Auqaf administrator asking him to appear in person and answer as to why he had failed to construct a boundary wall around the retrieved land. Revenue Department officials said that 465 kanals of land had been retrieved but Auqaf Department was ‘not interested’ in securing the land.
The court also directed the Commissionerate of Afghan refugees to cooperate with revenue Department officials as some graveyard land in Tehkal was reported to have been encroached over by Afghan refugees.
Cantonment Peshawar
An officer of the Peshawar Cantonment Board informed the court that 70 structures had so far been demolished and 153 kanals (approximately 500 square meters) of land had been retrieved at Hassan Garhi. However, he said that the buildings of a primary school and a mosque had not been demolished in the process.
The bench warned the chief executive of the cantonment board that any more encroachments found inside the area be removed.
Nowshera/Upper Dir
Thirty-seven kanals and 12 marlas (one marla is 272 square feet) of encroached graveyard land have so far been retrieved and handed over to the Auqaf Department, a revenue official said. They also informed the bench that 38 kanals and 16 marlas has been retrieved in Upper Dir.
Bannu
Officials of the Bannu revenue Department informed the court that a total of 351 kanals and nine marlas of encroached graveyard land had been recovered. They said that they successfully retrieved all the land that had been encroached upon.
Disputed graveyards
The bench issued clear directions to officials concerned to solve all disputes within two months and retrieve the encroached land and hand it over to the Auqaf Department. Currently, disputes still exist over graveyard land in Malakand, Lower Dir, Lakki Marwat, Charsadda, Swat and Buner.
Published in The Express Tribune, December 20th, 2012.
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