IHC rejects Bugtis’ petition against cancellation of land contract

Published February 26, 2019
Shazain Khan Bugti was one of the petitioners. — APP/File
Shazain Khan Bugti was one of the petitioners. — APP/File

ISLAMABAD: The Islamabad High Court on Monday dismissed a petition filed by grandsons of the late Baloch nationalist leader Nawab Akbar Khan Bugti, challenging the government’s notification for cancelling the contract for hiring their land in Balochistan.

The petitioners, Shazain Khan Bugti, Gohram Khan Bugti and Chakar Khan Bugti, had filed the petition in the IHC in which they cited the Ministry of Petroleum and Natural Resources and the Oil and Gas Development Company Limited (OGDCL) as respondents.

The petition said that the respondents had on Jan 28, 2011 signed a deal for the lease of their land in Dera Bugti. According to the agreement, the respon­dents have to pay Rs125 million till date, but they kept delaying the matter.

The petition alleged that the payment to the petitioners had been delayed as respondent authorities were interested in receiving illegal financial gains under the table.

The petitioners said they did not want to pay any kickback for their lawful demand as under the agreement, the respondents were bound to pay the petitioners their due right in the specified time limit.

Order says matter is related to a contractual dispute which cannot be settled in high court as it pertains to civil court

In the petition, the petitioners requested the court to direct the petroleum ministry and the OGDCL to clear their all outstanding dues.

OGDCL representatives, on the other hand, informed the court that the petitioners wanted the government to acquire the land on lease much beyond the requirements.

The counsel for the OGDCL, Kashif Ali Malik, informed the court that the Bugtis had entered into an agreement to lease out 3,300 acres cultivable and 1,000 acres uncultivable land for a period from Jan 1, 2003 to Dec 31, 2005 and the agreement was revived at different points of time.

He said that the OGDCL had in 2016 issued notices to the petitioners for de-hiring of 2,500 acres unnecessary land which was not required by the lessee company.

The court was of the view that the matter was related to a contractual dispute which could not be settled in the high court as it pertained to the civil court. It said the land in question was situated in Baluchistan which did not fall within the territorial jurisdiction of the IHC. Subsequently, Justice Mohsin Akhtar Kayani dismissed the petition.

Published in Dawn, February 26th, 2019

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