PESHAWAR: Peshawar High Court has directed Khyber Pakhtunkhwa government to resolve within six months the issue of establishing industrial estate in Swabi by Small Industrial Development Board (SIDB) and housing schemes on agricultural land in Charsadda.

A bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali disposed of seven almost identical petitions filed by inhabitants of some areas of Swabi and Charsadda. The bench directed the chief secretary to convene high level meeting of officers including senior member board of revenue (SMBR), secretaries of food, agriculture and industries departments and director general of Environmental Protection Agency (EPA) to ponder over the issues and to make policy decision so as to address grievances of petitioners with the approval of the provincial cabinet.

“In all these petitions, the concerns of petitioners are somewhat similar. They own agricultural property and are resisting its acquisition by government and private persons for the purposes of establishing of industrial zones and housing schemes,” the bench observed in its 10-page detailed order authored by Justice Syed Arshad Ali.

It observed: “We have also noticed that the provincial government has issued different notifications, whereby the establishment of housing schemes and carrying out commercial activities on agricultural property have been prohibited.”

PHC bench directs provincial govt to resolve the issue within six months

“However, it is a matter of deep concern that in the garb of setting up industrial zones as well as establishing housing schemes, huge agricultural properties have been devoured under the nose of provincial government,” the bench observed. It added that it was unfortunate that various departments of provincial government lacked coordination on the matter and a uniform policy in that regard was missing.

“Indeed, the matter at hand i.e. the establishment of housing schemes and industrial zones, is a policy matter of provincial government, and this court would not ordinarily interfere in the same. However, it appears from the record that the officers at the helm of affairs have shut their eyes on the matter and the unscrupulous elements of the society are exploiting the non-serious attitude of the government and converting huge agricultural land for residential and commercial purposes,” the bench ruled.

The court pointed out that the record clearly reflected that, in the case of SIDB, even the notification under section 4 of the Land Acquisition Act had been issued without any Environmental Impact Assessment (EIA) from the Environmental Protection Agency.

“Environmental Protection Agency too was awakened from deep slumber by this court when its report was solicited in the matter. Such complacent attitude of the provincial government is pushing this society towards anarchy,” the bench observed.

The bench opined that the provincial government could use the complaints of petitioners as an opportunity for taking remedial measures and effective steps to properly address that unattended issue and resolve it in an effective manner.

In four of the petitions, Iftaullah Khan and several others had stated that the provincial government through ministry of industries and Small Industrial Development Board (SIDB) decided to acquire land measuring 908 kanals and 15 marlas for establishment of small industries estate (SIE) at Kunda Maira and Ambar areas of Lahor tehsil, Swabi.

Advocates Rahmanullah Shah, Muzamil Khan, Saifullah and Tariq Kamal appeared for the petitioners and stated that a notification was issued under section 4 of Land Acquisition Act on April 22, 2021 for acquiring the land. They alleged that out of the proposed land, huge portion of fertile and agricultural land measuring 108 kanals and 11 marlas belonged to the petitioners.

They contended that despite availability of barren land in the area, the government initiated the process to acquire their lands, which were highly fruit and crop yielding.

Another petitioner Advocate Asif Ali Shah claimed that in Charsadda district fertile agricultural lands had been converted into illegal housing schemes or used for other commercial activities.

During pendency of these petitions the court had sought comments from all the respondents and had also appointed a commission comprising Advocate Ahmad Sultan Tareen to visit the respective areas in Swabi related to SIE. The commission had reported that except a meagre portion of the acquired land, maximum land was crop producing.

The respondents including SIDB had stated that the proposed project would provide employment opportunities to locals. They stated that petitioners and other landowners would be compensated for the land in accordance with law and even if they were aggrieved they had the right to approach the referee court for further enhancement of compensation.

Published in Dawn, July 25th, 2024