PESHAWAR: The Evacuee Trust Property Board and Khyber Pakhtunkhwa department of archaeology and museums have resolved a controversy over possession and maintenance of a prominent Hindu heritage site Punj Teerath by signing a memorandum of understanding (MoU) for its joint rehabilitation and maintenance.

In the light of the MoU, the Peshawar High Court has disposed of two petitions, one seeking rehabilitation and preservation of the site and the other one filed by ETPB against the archaeology department to get possession of the site.

A bench consisting of the recently retired PHC Chief Justice Qaiser Rashid Khan and Justice Ijaz Anwar was informed by officials of ETPB and archaeology department that the MoU was signed on March 8 under which the board would provide land measuring 17 marlas for the heritage site and would also provide support for infrastructure, human resource, security and appropriate funding for the site as technically advised to make the site properly functional for the visitors.

It was informed that the directorate of archaeology would provide full technical support to ETP Board for rehabilitation and maintenance of Punj Teerath. The employees would be hired jointly by the board and the department for supervision and management of site.

Archaeology dept, evacuee trust board sign MoU for joint rehabilitation of Punj Teerath

One of the petitions was filed by a citizen Irfan Saleem, who expressed grievance over the existence of a fun land/family park at the site of Punj Teerath, which was practically turned into ruins and also used as a garbage dump.

The petitioner stated that Punj Teerath was an ancient Hindu pilgrimage site, but now it was in a very poor condition and the family park had been set up on the ground around the structure.

The second petition was filed by the ETPB, challenging a notification issued on Dec 18, 2018, wherein the site was declared as protected antiquity and a letter of January 7, 2019, seeking its possession from the deputy commissioner by the archaeology department for conservation and restoration.

The controversy continued to linger on for last few years and from time-to-time the high court issued directives to the board and the department for resolving the controversy and making rehabilitation and conservation of the site possible.

The court had also appointed Advocate Ali Gohar Durrani as a focal person, who had visited the site on multiple occasions and submitted reports to the high court.

During a previous hearing on March 9, the director of archaeology and museums, Dr Abdul Samad and advocates Hafiz Ihsan Ahmad Kokhar and Aimal Barkandi, representing the board, had sought time for presenting the MoU. The additional advocate general, Syed Sikander Hayat Shah, had represented the government.

On March 22, the MoU was produced before the court, informing it that the issue was resolved between the board and the department.

The MoU provides that the land for rehabilitation of Punj Teerath would be provided, established and jointly managed by ETPB and the department, whereas the latter would provide further technical assistance for preparation, completion, rehabilitation and maintenance of the site.

“The expenditures incurred on the conservation, restoration, maintenance and functioning of heritage site of Punj Teerath will be borne by Evacuee Trust Property Board and the income will be deposited accordingly in the ETP Board’s account,” says the MoU.

It was added that archaeological excavation would be carried out where necessary with the concurrence of the board by the department.

The bench was also informed that in the light of the MoU, the board had agreed to transfer the possession of the site in favour of the department, therefore, the impugned letter of January 7, 2019, had also been withdrawn on March 13, 2023.

The bench directed that the ETPB should extend every helping hand besides provision of all the desired funds, as and when demanded, to the archaeology department for necessary renovation, repair and rehabilitation of the site.

The bench directed that the parties to the MoU should strictly abide by its terms and conditions.

Mr Ali Gohar Durrani, the focal person, in one of his reports submitted to the court on December 21, 2022, had informed that the temple was in worst condition having no access route from any side and presently it was being used for garbage dumping purpose by the park administration. He had stated that the authorities had also constructed houses over there and had rented out the same to different tenants.

Published in Dawn, April 3rd, 2023