ISLAMABAD: Landowners in the revenue estate of Mohrian have challenged the acquisition of their properties by the Federal Government Employees Housing Authority (FGEHA) for the development of a lawyers’ housing society.

As many as 63 affected landowners filed a petition in the Islamabad High Court (IHC) against the Land Acquisition Award dated August 17, 2018, under the Land Acquisition Act 1894 in the villages of Tamma and Mohrian for the housing society of the Supreme Court Bar Association (SCBA).

The petitioners’ counsel advocate Hassan Maan maintained that the forced land acquisition proceedings were against the settled agreement.

The petition stated that the SCBA, for whose benefit the whole process of land acquisition was initiated and proceeded with, had already negotiated and entered into a private agreement with the land provider for procurement of the required land. Since the purpose for which the impugned award was announced has been achieved through another method, there was no need for forced land acquisition proceedings, it added.

According to the petition, the notification for ‘forced land acquisition’ has been issued after eight months of the issuance of the previous agreed notification and had there been a case of real urgency the same could have been issued within a time span of few days.

The petition requested the court to set aside the notification for forced acquisition of their inherited land.

IHC bench, comprising Chief Justice Athar Minallah, after preliminary hearing of the petition issued notices to the FGEHA and the SCBA. The court will hear the petition next week.

In August, landowners in the adjoining area of the SCBAP’s society had challenged the decision of a committee constituted by the FGEHA, which was presided over by Justice Maqbool Baqir, for the development of the SCBA housing society.

In a meeting of the committee, it was decided that Section 4 of the Land Acquisition Act, that empowers compulsory acquisition of land for public purpose, would be invoked.

The petitioners contended that the FGEHA in its 13th executive board meeting held on May 20, 2021, had constituted the land supervisory committee but the minutes of the meeting were silent on the composition and legal mandate of the committee.

Published in Dawn, October 18th, 2021

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