RAWALPINDI: Lahore High Court (LHC) Rawalpindi bench disclosed that how the influential people in connivance with the government officials encroached upon billions of rupees state land meant for the rehabilitation and settlement of Jammu and Kashmir refugees.
“Public functionaries are custodians of public property; they must protect and safeguard the public property like a lioness guards her cubs. Even a slight lapse on behalf of the public functionaries in the stewardship of such sacred trust and public confidence, called for accountability in the larger interest of justice and institutional building,” said the court order
In present case, state land worth billions of rupees situated in the heart of Murree district was grabbed by the private respondents in connivance with some government officials, the order said.
The entire area of Revenue Estate of Mouza Murree Brewery is 708- Kanals and 18-Marlas which is situated in the hilly area of Murree and was owned by Murree Brewery Company Limited which constructed a Brewery and Malt House along with few residential houses with Pacca passages for the use of staff of the company.
In 1943, on shifting of the Murree Brewery to Rawalpindi, the company sold the Murree Brewery with open land of the Estate to M/S Kirpa Ram Brothers, who converted the building portion of the Estate into a hotel i.e. Kashmir Hotel.
In 1947, M/S Kirpa Ram Brothers migrated to India. The buildings constructed in Murree Brewery Estate were either burnt or extensively damaged. Vide Notification dated Nov 24, 1956, Mouza Murree Brewery was brought within the limits of Municipal Committee, Murree.
In 1960, Tehsildar Murree proposed certain area of land of Murree Brewery Estate in the Register RL-II for the allotment to Nafisa Banu and her husband Khan Abdul Shafi Khan Barqi, who was an Assistant Executive Officer, North Western Estate Railway.
Meanwhile, the Deputy Commissioner Rawalpindi, directed the authoritiesconcerned not to allot any land in Murree Brewery Estate.
This order of the Deputy Commissioner Rawalpindi, was challenged by the private respondents, predecessors of Barqi before the Additional Settlement and Rehabilitation Commissioner, Rawalpindi. However, a sub divisional officer allotted the same who according to the court was not authorized to do so.
The Chief Settlement Commissioner cancelled so called allotment vide order dated Oct 09, 1963. LHC however set aside the cancellation and ordered the Chief Settlement Commissioner to decide the matter afresh.
The private parties challenged the decision of the revenue officials before the LHC again and the matter was disposed of in 2020.
LHC observed that neither the suit land is in possession of the private respondents nor ever remained with them.
As per the court orders, land means all evacuee land held for agricultural purposes or for purposes subservient to agriculture or for pasture, etc., and as per the Scheme of 1956 it could not be allotted under the Rehabilitation Settlement programme.
The rural evacuee agricultural land available in six border districts Sialkot, Gujranwala, Gujrat, Jhelum, Rawalpindi and Attock could only be allotted to Jammu and Kashmir refugees for cultivation temporarily.
The Deputy Commissioner submitted that neither the private respondents had submitted their claims being Indian Migrants to Registering or an Additional Registering Officer nor same (claims) have been verified by the Claims Commissioner or the Additional or Deputy Claims Commissioner.
Moreover, the allottees could not produce details of any property of their predecessors in India which according to the court order “falsifies their plea of having verified their claims.”
The court subsequently directed the “Director General Anti-Corruption Establishment Punjab to probe the matter and proceed in accordance with law against all the delinquent officers/officials as well as against the private respondents, who are involved in this scam.”
Published in Dawn, June 28th, 2024
