Decrying the trimming: Cropping of botanical garden’s area challenged in high court

A petition is filed by PUTA President Dr Fazl Nasir through their counsel Mian Mohibullah Kakakhel on Saturday.

PESHAWAR:


The chief minister’s decision to hand over parts of the University of Peshawar’s (UoP) botanical garden in Azakhel, Nowshera for the construction of two universities has been challenged at the Peshawar High Court (PHC).


A petition was filed by Peshawar University Teachers Association (PUTA) President Dr Fazl Nasir and general secretary Fayaz Ali through their counsel Mian Mohibullah Kakakhel on Saturday.

The Khyber-Pakhtunkhwa (K-P) government through the chief secretary, secretary higher education department, chief minister (CM), secretary local government and rural development along with UoP registrar has been cited as the respondent.


“On February 24, the CM presided over an official meeting and decided that the botanical garden and Center of Plant Biodiversity belonging to UoP shall be shrunk from 677 to 100 kanals as land will be given to the Air University and a technical university,” states the petition.

It claims the decision is without jurisdiction and lawful authority as the land belongs to UoP where the Higher Education Commission has invested a huge sum for establishing the botanical garden, the centre and a public park.

“The CM on one hand campaigns for the green growth initiative on which millions of rupees are spent, while on the other he is demolishing a recreational park and garden used for research,” it adds.

“The decision will endanger the future of 200 students of BS (Hons) and MPhil/PhD scholars studying biodiversity conservation and around 100 faculty members, researchers, ministerial, laboratory and other support staff,” maintains the petition.

If the petition is accepted, the respondents concerned may be directed to act in accordance with the law and the decision taken by the CM on February 24 may be declared illegal, without jurisdiction and lawful authority besides being mala fide for political considerations and arbitrary. The concerned respondents may also be restrained from taking any step towards handing over the above-mentioned property of the UoP to any other university.

Published in The Express Tribune, March 9th, 2014.
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