What’s mine isn’t yours: Landowners hoodwinked by miners struggle to claim rights

Hamid Kamal says chromite is being illegally mined on 1,250 acres of land in Tangi

PESHAWAR: The arrest of former minister for mines and mineral development Ziaullah Afridi has put a spotlight on illegal chromite mining in Tangi, Charsadda. Yet, there are reasons to believe that the practice has been prevalent in the region since 1971. Furthermore, various officials in the mines and mineral development department have been hand in glove with the culprits and often excavate the land without consulting its owners.

As per the law, miners are expected to apply for a lease and obtain the landowner’s permission to use the land for mining purposes. In addition, they must also agree on a surface rent – an amount paid to the owner in exchange for allowing the miner to carry out excavations in the area and make profits from it. More often than not, these legal requirements tend to be flouted.

Hamid Kamal and his family are among the many people who have borne the brunt of this injustice.



Speaking to The Express Tribune, Kamal said his family owns 1,250 acres of land in Dobandi area of Tangi. A large part of this land is dotted with mountains where chromite is being illegally mined. “During Bhutto’s government in 1971, my family lost the land to land-grabbers,” he said. “Our entire family is facing financial hardship in making ends meet despite the fact that we own thousands of acres of land.”

Legal wrangling

In 1999, Kamal filed a case to claim his family’s land. As the years went by, he faced a long and arduous struggle to have his grievances addressed in a court of law. “After countless pleas to the court and the government, the mines and mineral development department checked the area and confirmed illegal mining was indeed being carried out there in 2000,” Kamal said. “However, no action was taken against it.”

Things started to look up for Kamal when the Ehtesab Commission arrested Ziaullah for his involvement in various cases of illegal mining.

Dodging the system

When a mineral is mined in an area, the mines and mineral development department issues a certificate to miners to verify the origins of the mineral.

“However, the certificates issued to miners in Tangi state the minerals belong to the Federally Administered Tribal Areas and can’t be traced back,” Kamal said.  “Furthermore, the area where chromite is being mined is also restricted for locals and armed men have been hired to guard the premises.”

Muhammad Tariq, chief executive officer of MAFTEC Consulting – a firm guiding mining sector in K-P – told The Express Tribune landowners only own the surface of the land. “If there is any mineral under the surface, the land becomes government’s property and anyone could obtain it after applying for a lease,” he said. “However, the miner must pay a surface rent to the landowner.”

Unfortunately, a majority of landowners like Kamal cannot claim surface rent as they cannot prove that the minerals come from their land.

Published in The Express Tribune, August 25^th, 2015.