A file photo of the Supreme Court. PHOTO: AFP/FILE
The Supreme Court has suspended the Peshawar High Court and lower court’s decision to retrieve land of 30 kanals in Kohat from military authorities. Litigation on this issue started 20 years ago when eight different individuals instituted a suit for declaration and permanent injunction of around 30 Kanals of land on November 29, 1994.
The trial court, however, on December 17, 2004 rejected their plea in this regard. Later, the aggrieved parties filed an appeal before the Additional & District Judge IV Kohat on March 31, 2005. He accepted their appeal on May 11, 2007 and judged in their favour.
Later, the defence ministry challenged the lower court’s decision in the PHC, wherein the additional and district session judge’s order was maintained and the government’s appeal was dismissed in this regard.
In 2009, the federal government, through secretary defence ministry, Director General Military Land and Cantonment Rawalpindi and Minister Estates Officer Kohat, challenged the PHC’s October 17, 2008 order.
A two-judge bench of the Supreme Court, headed by Justice Nasir ul Mulk on January 11 accepted the military authorities’ appeal for a regular hearing and issued notices to respondents in light of the Deputy Attorney General for Pakistan’s (DAG) argument that the land in question has remained in the ownership and possession of the Minister Estates Officer Kohat since 1942 and the same has been entered into the Government Land Record (GLR).
A two-judge bench, comprising Justice Mian Saqib Nisar and Justice Ejaz Afzal Khan took up the case two weeks ago. Deputy Attorney General (DAG) Sohail Mahmood appeared before the bench and argued in this matter. The court, while suspending the PHC order of April 10, said that the defence ministry’s appeal shall be heard on the present record, however, parties shall be free to further document the appeal within a month. “The original record of the case should be requisitioned. In the meantime, the operation of the impugned judgment and decree is suspended,” the order further says.
It is learnt that bungalows and offices have been constructed on the disputed land.
Meanwhile, another two-judge bench of the apex court, headed by Justice Jawwad S Khawaja took notice of the behaviour sometimes displayed in courts by lawyers and has sought a five-year record of complaints related to this misconduct from the Punjab Bar Council. Last week, the court directed the PBC to depute a reasonable officer or functionary to appear in court and submit a report about the number of complaints received in the last five years. The court asked for a report on the nature of the complaints, the outcome and the time lapse between the date of the complaint and the final decision. The hearing of the case is adjourned till the third week of next month.
Published in The Express Tribune, April 28th, 2014.
COMMENTS (1)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
If they had allowed the ruling to stand......it would have created a precedent in matters relating to land against one of the countries biggest land holders. Not being a legal person.......I would say that logic states that all land belongs to the State / Government of Pakistan is is then leased to various bodies and agencies etc. Once the lease expires the land reverts to the State.........for it do as it deems right.