PESHAWAR: The Peshawar High Court has declared the functioning of the Federal Land Commission (FLC) under the land reform laws as without jurisdiction in light of the Supreme Court judgements and directed the federal government to de-notify the entity.

Accepting a petition filed by the Khyber Pakhtunkhwa government through the director general (livestock and dairy development), Justice Syed Arshad Ali of a single-member bench set aside an order of the FLC to give away a vast piece of land in Charsadda district, which was earlier allotted to the animal husbandry department under the land reform laws through a notification on May 15, 1982, to some applicants for a stud farm.

It restored the provincial government’s notification in this respect, declaring it in accordance with the law.

The bench discussed in detail different provisions of the Land Reforms Act, 1977, the Land Reforms Regulations, 1972 (MLR No 115), and superior court judgements, including that of the Shariat Appellate Bench of the apex court on the issue.

Directs govt to de-notify FLC; restores KP govt notification to get hold of vast land in Charsadda

“In view of the above, this writ petition is allowed, and the impugned order dated 28.03.2025 passed by the Member, Federal Land Commission, Islamabad is accordingly set aside,” it declared in its 12-page detailed verdict.

The bench noted with “great concern that not only in this case but also in several other matters, this court has encountered instances where the Federal Land Commission, particularly its Member, Mr. Asad Mahmood Qazi, has deliberately misused his authority by reopening closed and settled cases. Such conduct has not only multiplied the agonies of litigants whose disputes had already been conclusively resolved by the Apex Court but has also unnecessarily burdened this Court.”

It directed the Ministry of Law and Justice as well as the secretary of the Evacuee Property to de-notify the Federal Land Commission.

The bench ruled that after the Qazalbash Waqf judgement and the apex court judgement in Khan Ghalib and others vs. Chairman, the Federal Land Commission and others (Civil Appeal No. 193 of 2005, decided on 13.10.2015), the Federal Land Commission has no jurisdiction, even under paragraph 32 of MLR-115 and section 18(4) of the Land Reforms Act, 1977.”

The bench directed the law ministry to submit a compliance report to the high court’s registrar for the perusal of the court.

“Not only in the present case but also in many other cases recently decided, we have observed the misuse of authority by the Member, Federal Land Commission, who has interfered in matters conclusively determined either by this Court or by the Apex Court.

“We have repeatedly held that after the judgement passed by the Apex Court in Qazalbash Waqf’s case, the Federal Land Commission has no jurisdiction to interfere with or order the allotment of resumed land once the matter has been finally settled and no case remains pending before it,” the bench pointed out.

The FLC is a statutory department of the federal government established under the Land Reforms Regulations, 1972, having judicial functions with respect to the cases arising from land reforms envisaged in relevant regulations and Act.

The instant petition was jointly filed by director general livestock, chief land commissioner Peshawar, and deputy land commissioners of Peshawar and Charsadda, against the impugned order of the FLC of March 28, 2025.

Additional advocates general Taimur Haider and Asad Jan appeared for the petitioners and contended that the FLC had wrongly assumed jurisdiction in the instant matter, which was contrary to judgements of the superior courts.

The litigation, spanning several decades, has originated from proceedings under Martial Law Regulations (MLR)-64 and subsequently MLR-115 and Land Reforms Act, 1977.

It involved complex questions regarding the jurisdiction of the FLC and ownership of valuable government land presently being utilised for public purposes, including livestock research and academic activities.

According to facts of the case, Mian Jamal Shah was the owner of the extensive agricultural land situated in several villages, including Harichand and Rai Killi (Charsadda), which were part of the Peshawar district at that time. After the promulgation of the MLR-64 on Feb 7, 1959, his landholding was affected as it exceeded the permissible limits provided under the regulations.

The relevant issue related to 1,000 acres of land which he had retained on the ground that he was running a ‘stud Farm” of 20 well-bred mares. He was allowed to retain the said land after an inquiry into the existence of the ‘Stud Farm.’ There had been prolonged litigation between Mian Jamal Shah and several tenants, including Alaf Khan and others.

In 1980, the FLC’s senior member declared that the government had to decide the utilisation of the disputed land. The PHC rejected the petition of the tenants on Feb 1, 1981, making certain observations. A notification issued on May 15, 1982, allotted a piece of land measuring 226 acres and four kanals to the animal husbandry department for the stud farm.

However, some tenants from Rai Killi challenged the notification in the high court, insisting that under the MLR-115 of 1972, an area measuring 250 acres, which had been taken by the government, should be allotted to them. However, their petition was rejected by the court on Feb 12, 1985.

Several applicants, who had previously lost their cases, later filed a fresh petition with the FLC, seeking allotment of the 250 acres of land, which was in possession of the provincial government.

FLC member Asad Mehmood Qazi accepted that application on Sept 17, 2021, and ordered that land’s allotment to applicants.

The order was challenged again in the high court, which, on Nov 11, 2024, remanded the matter to the FLC to give a fresh decision after considering the admitted facts and records. The FLC member passed the impugned order on March 28, 2025, and ordered the allotment of land to the applicants.

Published in Dawn, May 27th, 2026