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Published 21 Oct, 2021 07:37am

IHC seeks housing society’s response in land acquisition petition

ISLAMABAD: Islamabad High Court (IHC) on Wednesday sought a reply from the Federal Government Employees Housing Authority (FGEHA) on a petition filed by the affected land owners of the revenue estate Mohrian –a suburb of Islamabad – against the acquisition of their land by a third party. IHC Justice Athar Minallah heard the petition.

As many as 63 land owners had submitted a petition before the IHC, against a decision that empowered a private builder to acquire land in the said revenue estate.

Counsel for the petitioner Advocate Hassan Maan argued that the private land provider was acquiring land under the ‘dormant’ land acquisition award of Rs1.7 to Rs2 million per kanal.

However, he is selling the same land to the FGEHA for development of Supreme Court Bar Association of Pakistan (SCBAP) Housing Society for Rs3.4 million, the counsel said.

He argued that the authority subsequently notified a private person for the purchase of land from local residents, adding that after new arrangements for its disposal, the notification for land acquisition award may be set aside since the purpose for which the award was announced had been achieved through another method.

Justice Minallah also took up a petition filed against the committee constituted by the FGEHA, which was presided over by Justice Maqbool Baqir, for the development of the SCBAP’s housing society. Advocate Daniyal Hassan, counsel for the petitioners, told the court that in a meeting of the committee, it was decided that section 4 of the Land Acquisition Act, which empowered compulsory acquisition of land for public purpose, would be invoked.

The petitioners were seeking to club this with another petition filed by those affected in the revenue estate of Mohrian, however, since Mr Maan opposed clubbing both petitions, the IHC adjourned hearing of the first petition till Nov 11 and the second till Nov 14.

Meanwhile, a private firm has sought registration of a first information report (FIR) against the private developer who is acquiring land for the SCBAP’s society in revenue estates Mohrian and Tamma. According to the application the private firm filed before an additional district and sessions judge under section 22-A of the Code of Criminal Procedure, the land developer and his client signed a deal for acquiring land in the same area in 2004.

The applicant stated that the developer received Rs55 million but delayed procurement of land on the pretext of one thing or another and he was now selling the land to the FGEHA.

It requested the court to direct the police to register FIR against the land developer under section 408 of the Pakistan Penal Code (PPC) which is related to “dishonest misappropriation”.

Published in Dawn, October 21st, 2021

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