National heritage: K-P govt to submit written replies over acquisition of Dilip Kumar’s house
Petitioner tells high court price offered by the govt not equivalent to the market price
PESHAWAR:
The Khyber-Pakhtunkhwa government has been directed to submit written replies in a case where a resident of the city has challenged its decision to declare the house of Bollywood actor Dilip Kumar as a national heritage.
The bench of Justice Waqar Ahmad Seth and Justice Roohul Amin Khan issued notices to the government on a writ petition filed by Haji Muhammad through his counsel Shah Nawaz Khan. The hearing was held on Thursday on Dilip Kumar’s 92nd birthday.
Nawaz Khan said that his client is the lawful owner of the five-marla house situated in Mohallah Khudad, adding Haji Muhammad purchased it from Muhammad Badshah, his wife Saeeda Khatoon and their daughter for Rs515,000 on January 5, 2008.
“The aforementioned house was initially owned by Ghulam Mohyuddin alias Gul Jee who transferred the said property vide deed No. 123 on January 26, 1943 in lieu Rs2,000 in favour of Ghulam Sarwar, who is the father of Yousaf Khan also known as Dilip Kumar,” reads the petition.
It further states that Ghulam Sarwar mortgaged the property in favour of Muhammad Yaqoob Qureshi on consideration of Rs3,000 per month on January 29, 1943 and subsequent sale deed vide unregistered deed for an additional Rs2,000.
The petition also said that the house came under the ownership of Muhammad Badshah from his father Muhammad Yaqoob Qureshi and then on January 29, 1995 Muhammad Badshah transferred two marlas to his daughter and the remaining three marlas was placed at the disposal of his wife Saeeda Khatoon on April 4, 2005 who then sold the house to petitioner Haji Lal Muhammad.
It added that in 2012, the provincial government issued a notification under Section 4 of the Land Acquisition Act 1894 regarding the house. The then provincial government agreed to pay Rs30 million to the petitioner for the house.
“After various official meetings with the attorney of the petitioner, Ikramullah, and survey by respondents, the government initially offered Rs11.2 million and then increased it to Rs14.2 million,” stated the petition. However, the petitioner complained the market value of the house is more than what the respondents offered.
The acquisition process thus fell flat and the government was directed to drop the idea. However, despite lapse of sufficient time upon the request of director culture to drop the idea of purchase/acquisition of the house for preservation as national heritage, and also because of failure of negotiation, the respondents failed to de-notify the acquisition process.
Published in The Express Tribune, December 13th, 2014.
The Khyber-Pakhtunkhwa government has been directed to submit written replies in a case where a resident of the city has challenged its decision to declare the house of Bollywood actor Dilip Kumar as a national heritage.
The bench of Justice Waqar Ahmad Seth and Justice Roohul Amin Khan issued notices to the government on a writ petition filed by Haji Muhammad through his counsel Shah Nawaz Khan. The hearing was held on Thursday on Dilip Kumar’s 92nd birthday.
Nawaz Khan said that his client is the lawful owner of the five-marla house situated in Mohallah Khudad, adding Haji Muhammad purchased it from Muhammad Badshah, his wife Saeeda Khatoon and their daughter for Rs515,000 on January 5, 2008.
“The aforementioned house was initially owned by Ghulam Mohyuddin alias Gul Jee who transferred the said property vide deed No. 123 on January 26, 1943 in lieu Rs2,000 in favour of Ghulam Sarwar, who is the father of Yousaf Khan also known as Dilip Kumar,” reads the petition.
It further states that Ghulam Sarwar mortgaged the property in favour of Muhammad Yaqoob Qureshi on consideration of Rs3,000 per month on January 29, 1943 and subsequent sale deed vide unregistered deed for an additional Rs2,000.
The petition also said that the house came under the ownership of Muhammad Badshah from his father Muhammad Yaqoob Qureshi and then on January 29, 1995 Muhammad Badshah transferred two marlas to his daughter and the remaining three marlas was placed at the disposal of his wife Saeeda Khatoon on April 4, 2005 who then sold the house to petitioner Haji Lal Muhammad.
It added that in 2012, the provincial government issued a notification under Section 4 of the Land Acquisition Act 1894 regarding the house. The then provincial government agreed to pay Rs30 million to the petitioner for the house.
“After various official meetings with the attorney of the petitioner, Ikramullah, and survey by respondents, the government initially offered Rs11.2 million and then increased it to Rs14.2 million,” stated the petition. However, the petitioner complained the market value of the house is more than what the respondents offered.
The acquisition process thus fell flat and the government was directed to drop the idea. However, despite lapse of sufficient time upon the request of director culture to drop the idea of purchase/acquisition of the house for preservation as national heritage, and also because of failure of negotiation, the respondents failed to de-notify the acquisition process.
“The high court is requested to declare the notification of acquisition so issued and proceedings so taken by the provincial government, respondents, as illegal, unlawful and unconstitutional. The court is also requested to direct the government to cancel the acquisition and recall the notification under Section 4 of the Land Acquisition Act 1894 and release the property to the petitioner.”
Published in The Express Tribune, December 13th, 2014.