PESHAWAR: Peshawar High Court on Thursday gave 15-day time to Khyber Pakhtunkhwa government for devising mechanism to implement over three-decade old judgement of Supreme Court of either evicting thousands of occupants from vast stretch of land of Auqaf department in Mardan or giving the said land on lease to them.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Dr Khurshid Iqbal directed Chief Secretary Mohammad Abid Majeed to submit report to court after formulating a plan about implementation of the apex court’s judgement delivered in 1987.

The bench issued the order while hearing a contempt of court petition filed by the chief administrator of Auqaf against non-implementation of the court’s judgement, along with some other connected petitions.

The dispute relates to around 36,000-kanal piece of land in Kalo Shah area of Mardan owned by Auqaf department over which 17 villages were established having population of around 25,000 persons.

PHC bench gives 15 days time for devising mechanism to resolve the matter

The occupants of the land had lost legal battles in the high court and subsequently in Supreme Court, which had ruled that Tenancy Act could not be applied to them.

Supreme Court had directed that either lease agreements should be inked with the occupants, who claimed that they had been dwelling on the land for over a century, or they should be evicted so as to give possession of land to the department.

KP Advocate General Shah Faisal Uthmankhel appeared along with Chief Secretary Abid Majeed, Auqaf Secretary Adil Siddique and Mardan Commissioner Mohammad Ayaz.

The occupants were represented by Aminur Rehman Yousafzai whereas Advocate Yasir Saleem appeared for Auqaf chief administrator.

When the bench inquired form the AG about a report which it had sought during the previous hearing regarding implementation of the said judgement, he stated that the chief secretary had appeared in person in that matter.

Mr Abid Majeed informed the bench that after receiving orders of the high court about resolving the matter of the said land, he placed the matter before the provincial cabinet. He said that provincial cabinet had also given approval for implementing the judgement in its letter and spirit.

He said that lease agreements would be signed with those occupants, who were willing for it, whereas others would be evicted from the area. He said that a committee was constituted with Mardan commissioner as its head to prepare a plan within 14 days for resolving the issue.

The chief secretary said that the occupants were offered to enter into lease agreement with the government under the law.

The bench inquired from him for what purpose the properties of Auqaf department had been used, to which the secretary stated that the income from those properties was utilised for the welfare of poor and needy segments of the society.

The bench wondered that for the last four decades the government had not received a single penny from the property in question and the issue continued to linger on. The bench observed it would not allow further delay in implementation of the court’s order.

Mr Uthmankhel said that they would place before the court the terms and conditions of the lease deed, to be prepared for that purpose.

One of the occupants told the bench that they were willing on lease agreements with the government, but they had differences with the department over certain matters.

The bench also asked Advocate Aminur Rehman to personally look into the matter and try to resolve it as the high court was bound to implement the apex court’s judgement.

The bench observed that as the chief secretary was personally looking into the issue, therefore, all other stakeholders should also play their role for its peaceful settlement.

Published in Dawn, July 19th, 2024