Pakistan Railways objects to ownership rights for slum dwellers even after LHC order

Published October 14, 2019
Pakistan Railways has refused to withdraw its claim. — Hussain Afzal/File
Pakistan Railways has refused to withdraw its claim. — Hussain Afzal/File

RAWALPINDI: Pakistan Railways (PR) has objected to the decision of the Punjab government to give property rights to dwellers of Bhosa Godam near the Railway Washing Lines saying the slum was an encroachment on its land.

However, Commissioner Rawalpindi Saqib Zafar gave two weeks to the railways to come up with documents to establish its ownership on the land. The Lahore High Court (LHC) has already rejected the railways’ claim.

The matter was discussed at a meeting chaired by the commissioner and attended by Rawalpindi Municipal Corporation (RMC) Chief Municipal Officer Khawaja Imran Safdar and senior officials of Pakistan Railways.

Commissioner asks railways officials to inform him within two weeks if an appeal has been filed in SC

The meeting was called to resolve the issue between the RMC and the railways after Punjab Board of Revenue asked the civic body to conduct a survey of the katchi abadi so that property rights could be given in the light of the LHC decision.

The officials informed the meeting that the railways had claimed that it owned 36 kanals of the 90 kanals slum.

They said the Punjab government tried to give property rights to the residents in 2013 but the railways did not give a non-objecion certificate. In 2013, dwellers of more than four katchi abadis in Rawalpindi city were given property rights except Bhosa Godam due to a dispute between the RMC and the railways.

They said it the slum established before 2001 and the residents took the case to the LHC which gave a decision in their favour. They said in light of the court orders the ownership rights would be given to the residents.

However, Pakistan Railways refused to withdraw its claim, stating that the land belonged to it and the residents had encroached on it.

The railway officials informed the meeting that they would not surrender the property to the encroachers.

According to a notification regarding katchi abadi rules issued on March 23, 1985, by then president Ziaul Haq, settlements established before that date would be declared as katchi abadis. But this slum was established after 2001 and hence did not fall under the notification, they maintained.

They said it was the duty of the provincial government and police to help the department vacate its land from encroachers.

The commissioner asked the officials whether or not the railways had approached the Supreme Court against the LHC decision. The railway officials said they would check with the law department.

The commissioner gave two weeks to the railway officials to come up with a reply otherwise a decision would be made on the basis of the LHC verdict.

Published in Dawn, October 14th, 2019

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