ISLAMABAD: The Lahore High Court (LHC) Rawalpindi bench on Monday annulled the allotment of 114 kanals worth billions of rupees in Murree to private persons and ordered the director general Anti-Corruption Establishment (ACE) to proceed against the delinquent government officials and the private persons in the land fraud case.

The LHC division bench, comprising Justice Sadaqat Ali Khan and Justice Chaudhry Abdul Aziz, in its decision on the over six-decade-old land fraud case ruled that the allotment made to private persons was bogus. It directed the ACE to proceed against the officials of the settlement commission as well as those who connived and remained silent on the bogus allotment of 114 kanals at Brewery, Murree.

During the course of hearing on Monday, Justice Sadaqat expressed displeasure over the “dishonest silence of the officials concerned” who were the custodian of the government land but instead of retrieving the state property from adverse possession connived with the illegal occupants.

“I will not spare the fraudsters,” he warned. He observed that the petitioners in the matter had occupied 114 kanals in 1960, but the ownership was not reflected in the land record.

ACE directed to proceed against delinquent govt officials and allottees in land fraud case

The counsel for the petitioners Aurangzeb Barki and others argued that they had been running from pillar to post since 2009 when a judge of the LHC decided the matter in their favour. “You may not need to roam anymore since we will decide this case today,” the judge responded.

The counsel wanted the court to defer the decision saying that the court might overlook the legal complexity of the matter.

“You may file an appeal against this order in such an eventuality before the Supreme Court,” remarked Justice Sadaqat.

As per the details, the petitioners got allotment of 114 kanals; however, it could not be transferred in their names in the revenue record.

In 2009, Justice Nawaz Abbasi of the LHC exercising the powers of the settlement commissioner ruled in favour of the petitioners. The settlement commission, however, expressed inability to implement the order.

The petitioners filed an appeal before the Supreme Court, which disposed of the appeals since the settlement commission did not file a report despite receipt of court notices.

In 2019, the petitioners approached the LHC again for implementation of the 2009 decision; however, Justice Mirza Viqas Rauf dismissed the petition. The petitioners filed an intra-court appeals which were fixed before the said division bench.

While the bench was hearing the matter, the chief settlement commissioner filed an application stating that the petitioners had secured the earlier orders from the courts on the basis of bogus documentation.

He stated that there was no record to substantiate the ownership of the petitioners on the land in question.

Published in Dawn, June 11th, 2024