Demarcation disagreement: Contempt notices issued over land dispute

PHC seeks explanation on why the court’s earlier orders were flouted.

PESHAWAR:

The Peshawar High Court (PHC) on Friday issued contempt of court notices to three government officers for not unsealing a disputed piece of land in Kachi Garhi despite the court’s orders.

A single-member bench comprising Justice Nisar Hussain issued the contempt notices to director land, military estate officer and the commissioner of Peshawar. Justice Hussain also issued a show-cause notice to the Peshawar station commander, seeking a reply as to why 24 kanals of land in Kachi Ghari camp was sealed when the court had earlier issued a stay order, directing all buildings built on the said land remain open until the court’s decision.

During the hearing, petitioner Haji Muhammad Nawaz’s counsel Qazi Jawad Ashanullah told the court the military had sealed the land despite the court’s stay order dated September 30 which directed the military to not intervene.

“Despite clear directions of the court and the stay order, the disputed land including markets and houses was sealed off, while residents were told to evacuate,” said Ahsanullah, adding such acts constitute as contempt of court, thus, the concerned officials be issued notices.

The lawyer added after getting a decree from the court in 1999, the land owner had reached a demarcation settlement with the military and constructed houses and markets. However, the residents are now being forced to relocate, resulting in great difficulties for them.

After hearing the arguments, Justice Hussain issued contempt of court notices to the said officials and a show-cause notice to the Peshawar station commander, seeking an explanation as to why the court’s order was flouted.

Published in The Express Tribune, October 5^th, 2013.