AG summoned in land case

Published April 3, 2008

ISLAMABAD, April 2: The Islamabad High Court on Wednesday asked Attorney General of Pakistan to appear before it on April 7 or authorise his deputy to apprise it about the parameters laid down by the Constitution about land acquisition process.

Justice Syed Qalbe Hassan issued this order on a writ petition filed by Raja Safeer Ahmed against Ministry of Defence.

Syed Iftikhar Hussain Gillani, counsel for the petitioner apprised the judge that the Ministry of Defence through a notification has confiscated about 2,000 acres of land near Pakistan Institute of Nuclear Sciences and Technology on Lehtrar road.

He said the step by the concerned authorities was ultra vires to Constitution and it was not permissible by law of the land.

He said such notification could be issued when a construction near sensitive area poses hindrance in its functioning.

“But here an owner of the land has been denied of his right to utilise his piece of land,” he added.

Mr Gillani also claimed that this step also brought down the prices of land resulting in financial problems for the owner of lands.

Counsels for the ministry said that the laws did exist to acquire public property and equal compensation had been done to the affected owners after determining its market prices.

They informed the court that under Work of Defence Act, 1903, the government was entitled to issue a notification about acquisition of land falling within the proximity of 2,000 meters of its installations.

The law also permits that no construction activity should take place in that area without permission from the concerned authorities, they added.

They said that any activity posing security hazards would be stopped under the same law.

About compensation they said, a collector appointed by the government would determine decrease in prices of land if occurred but surely he would take all issues into consideration while making compensation.

Mr Gilani said that the Attorney General of Pakistan was served with a notice for April 2 but he could not turn up.

He cited another constitutional case decided by Peshawar High Court in which Aftab Ahmed Khan did not appear despite repeated issuance of notices.—APP

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