Grave concern: Court turns down applications of suspected encroachers
Petitions filed by locals claim ownership of land gifted to graveyards.
During the last hearing on April 16, the Anti-Corruption Establishment (ACE) told the PHC that encroachers had reoccupied graveyard land in Manshera and Bannu. PHOTO: EXPRESS
PESHAWAR:
The Peshawar High Court (PHC) on Thursday turned down complaints filed against several district administrations for demolishing buildings allegedly constructed on land gifted to graveyards.
The petitions were filed by locals who claimed ownership of such property. The court also directed concerned officials to retrieve the land which had been encroached by mafia groups.
While hearing a petition filed against Assistant Commissioner Puran Afsar Ali Shah, the PHC was informed that a total of six kanals of land had been gifted to graveyards. The court was told only four kanals of land were left after the encroachment and that the occupied land had been retrieved.
On the other hand, the complainant argued the land had been gifted by the then Wali (chief) of Swat. However, apart from a single piece of paper, no solid evidence was produced to back this claim. In response, the bench observed the evidence was not strong enough to prove ownership of the property and dismissed the petition.
The PHC also cancelled the plea of an Abbotabad resident after Additional Deputy Commissioner Abbottabad Kaneez Sughra informed the bench all encroachments had been removed and the land had been handed over to the Auqaf department.
During the last hearing on April 16, the Anti-Corruption Establishment (ACE) told the PHC that encroachers had reoccupied graveyard land in Manshera and Bannu. The ACE added authorities were yet to issue notices to those who had occupied gifted land in DI Khan.
Encroachment drive continues
Meanwhile, officials of the Mardan revenue department informed the court that 119 kanals of land gifted to graveyards had been encroached upon. The officials further said 10 kanals were currently under judgment before the district court, 6 kanals had been occupied for a government school building, and 16 kanals could not be recovered due to the general elections.
In another case, the court directed the tribunal to start proceedings into an application filed by Malik Sajjad, who had approached Supreme Court of Pakistan against the provincial government and was directed by the apex court to contact the tribunal. The tribunal was directed to decide the case within two months.
Cases pertaining to Peshawar district could not be heard since the officials who had filed the applications could not appear before the court.
Published in The Express Tribune, May 17th, 2013.
The Peshawar High Court (PHC) on Thursday turned down complaints filed against several district administrations for demolishing buildings allegedly constructed on land gifted to graveyards.
The petitions were filed by locals who claimed ownership of such property. The court also directed concerned officials to retrieve the land which had been encroached by mafia groups.
While hearing a petition filed against Assistant Commissioner Puran Afsar Ali Shah, the PHC was informed that a total of six kanals of land had been gifted to graveyards. The court was told only four kanals of land were left after the encroachment and that the occupied land had been retrieved.
On the other hand, the complainant argued the land had been gifted by the then Wali (chief) of Swat. However, apart from a single piece of paper, no solid evidence was produced to back this claim. In response, the bench observed the evidence was not strong enough to prove ownership of the property and dismissed the petition.
The PHC also cancelled the plea of an Abbotabad resident after Additional Deputy Commissioner Abbottabad Kaneez Sughra informed the bench all encroachments had been removed and the land had been handed over to the Auqaf department.
During the last hearing on April 16, the Anti-Corruption Establishment (ACE) told the PHC that encroachers had reoccupied graveyard land in Manshera and Bannu. The ACE added authorities were yet to issue notices to those who had occupied gifted land in DI Khan.
Encroachment drive continues
Meanwhile, officials of the Mardan revenue department informed the court that 119 kanals of land gifted to graveyards had been encroached upon. The officials further said 10 kanals were currently under judgment before the district court, 6 kanals had been occupied for a government school building, and 16 kanals could not be recovered due to the general elections.
In another case, the court directed the tribunal to start proceedings into an application filed by Malik Sajjad, who had approached Supreme Court of Pakistan against the provincial government and was directed by the apex court to contact the tribunal. The tribunal was directed to decide the case within two months.
Cases pertaining to Peshawar district could not be heard since the officials who had filed the applications could not appear before the court.
Published in The Express Tribune, May 17th, 2013.