PESHAWAR, July 31: The NWFP government has placed a ban on leasing out or giving of local governments’ immovable property to any person under or near a flyover bridge in the province.

The government has also cancelled all the lease agreements, licences, tehbazari tickets and handcart passes in areas near any of the flyover bridges in the province.

In this regard, an ordinance was promulgated by the NWFP governor on July 22.

The government has stated that the licences, tehbazari tickets and handcart passes or certificates stood withdrawn and shall be deemed cancelled, notwithstanding any law or judgment or order of any court.

Through the NWFP Local Government (Third Amendment) Ordinance, 2000, amendment has been made in section 124 of the NWFP Local Government Ordinance, 2001.

Under section 124 of the ordinance the immovable property of local governments could not be sold out or transferred to a party on permanent basis. However, it could be leased out through open bidding for a maximum of five years.

Now, the provincial government has added a proviso to section 124, stating :”...provided further that no such property under or near a flyover bridge shall be leased or otherwise given to any person for private, commercial or non-commercial use under any circumstances, whatsoever, and any order, licence, permission, tehbazari ticket, handcart passes or certificate issued by any authority at any time in this respect, before the commencement of the NWFP Local Government (Third Amendment) Ordinance, 2002, shall, notwithstanding any law or judgment or order of any court, stand withdrawn and shall be deemed cancelled.”

It is learnt that the ordinance was promulgated so as to frustrate orders of the Peshawar High Court issued in different cases.

In one of the contempt of court petition, the high court has summoned the Peshawar district Nazim and director general of City Development and Municipal Department (CDMD).

That petition was filed by more than a dozen shopkeepers, asking for allotment of shops as per agreement under the Faqirabad flyover bridge. Similarly, the petition of cart-pushers has also been pending before the court.

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