PHC stops KP govt from selling Mardan varsities’ land
PESHAWAR: Peshawar High Court on Tuesday stopped the Khyber Pakhtunkhwa government and public sector universities in Mardan from selling land of these institutions till further order.
A bench consisting of PHC Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad also sought reply from the provincial government and other respondents in two almost identical petitions challenging the ‘decision’ of government to sell the land of three public sector universities and a medical college in Mardan district to make outstanding payments to people, whose land was acquired.
One of the petitions was filed by Pakistan Peoples Party through its provincial president Mohammad Ali Shah Bacha whereas the other one was field by a lawyer Daris Khan.
In the petition, PPP provincial president Mohammad Ali Shah Bacha raised multiple issues of public sector universities, including delay in the appointment of vice-chancellors and their reported closure or merger.
Seeks its response to plea against the move
He requested the court to stop the government from pressuring the administrations of universities in Mardan to sell large pieces of their land and change their master plans.
Mr Bacha also sought the court’s orders for the government to pay the outstanding amounts to the people, whose land was acquired for establishing universities and other educational institutions between 2009 and 2012, in line with the superior court orders, and not to force universities into selling their land for clearing dues.
Advocate Gohar Rehman Khattak appeared for Mr Bacha and Daris Khan appeared in person.
Naumanul Haq Kakakhel, an additional advocate general, stated that so far no such decision was made by the government.
Mr Gohar Rehman pointed out that a syndicate meeting of Abdul Wali Khan University was scheduled for Sep 12 and the petitioner apprehended that decision would be taken for selling the land.
He requested the court to grant interim relief to the petitioner and direct the government and other respondents not to do away with the said land till final disposal of the petition.
The AAG opposed granting any interim relief, saying that presently there was no move on part of government to sell out the land.
He added that the government would file reply on next date wherein it would present its stance on the matter.
Gohar Rehman and Daris Khan stated that large pieces of land were purchased in Mardan from 2009 to 2012 during the PPP government in the province for the establishment of Abdul Wali Khan University, Bacha Khan Medical College and Amir Mohammad Khan campus of University of Agriculture, Peshawar.
They said that around 400 kanals of land was later transferred from AMK campus for the purpose of establishing University of Engineering and Technology Mardan, leading to curtailment of the scope of campus projects.
They said that a committee of ministers and senior officers formed by the government had reportedly directed the administrations of universities and institutions of Mardan to revise their original master plans and spare huge chunk of land for sale.
They said that the process of acquiring land for setting up an educational complex in the district, including universities and medical college in question, was initiated in a transparent manner, while a PC-I was prepared for it.
They said that mostly agricultural land was acquired for the purpose and the government was trying to sell its large part for commercial purposes on pretext of paying outstanding amounts to the owners from whom the land was purchased.
Published in Dawn, September 11th, 2024