ISLAMABAD: The Rawalpindi district collector has claimed before the Supreme Court that the total area, which the Punjab Forest Department claims has been encroached by Bahria Town, is in fact 215 acres and not 684 acres as previously claimed.
“After superimposing the map of Rakh Takht Pari on a satellite image, the Urban Unit (of the Punjab government) worked out that the total area of Takht Pari Forest is 1,741 acres not 2,210 acres,” said a report submitted by Rawalpindi District Coordination Officer Sajid Zafar Dall, in his capacity as the district collector.
On Oct 25, a three-judge bench of the Supreme Court, headed by Chief Justice Nasirul Mulk had ordered the district collector to submit a comprehensive report regarding the demarcation of forest lands, allegedly encroached by Bahria Town (Pvt) Ltd in 2005. The land is originally owned by the Rawalpindi Forest Department.
The directions were issued during suo motu proceedings initiated on an application filed by Malik Muhammad Shafi in 2009, highlighting the destruction of forest and the illegal acquisition of land by Bahria Town in the Rakh Takht Pari area. In his application, Mr Shafi had alleged that revenue officials colluded with Bahria Town in the acquisition of the land.
Court told accurate demarcation no longer possible due to excessive construction in the area
The current dispute, according to the Forest Department,related to the illegal occupation by Bahria Town of 684 acres of land in Rakh Takht Pari.
Located about six kilometres outside of Rawalpindi city, near G.T. Road, Rakh Takht Pari was originally transferred to the Forest Department in August 4, 1856.
An earlier report of the Punjab government had suggested that almost the entire area of Rakh Takht Pari consisted of natural shrub forest. Neither the Takht Pari forests nor the private holdings in the area had been previously identified or earmarked, the report said.
The Supreme Court, however, ordered Rawalpindi District Forest Officer Abid Majid to come up with objections and submit original proofs to contradict the district collector’s report.
Meanwhile, Bahria Town’s counsel Advocate Ali Zafar maintained his original position that the Supreme Court had no jurisdiction to intervene in a private land dispute between Bahria Town and the Forest Department saying that the matter should be settled by the concerned court through a private civil suit.
In the latest report, the collector has clarified that the Punjab government’s urban unit is in possession of 1,526 acres and 215 acres may be considered encroached.
In an earlier demarcation, conducted in 2007, the report explained, encroachment of 146.25 acres was found and settled through exchange mutations, which have been upheld by the Punjab Board of Revenue.
However, the report assured the court that the district revenue authorities will further examine the remaining encroachment and work out the exact quantum of illegally occupied lands, either by Bahria Town, the Defence Housing Authority (DHA), Agosh Town and/or others.
Highlighting the discrepancy in the records of the forest department, the report stated that physical demarcation was not possible in the area because area surrounding the land in question has been built-up area.
Permanent points, which are essential reference points for field demarcation, are no longer in their original shape. Housing colonies, including Bahria Town, DHA, Agosh Town etc have been developed on almost all sides and residential units, commercial plazas and markets have mushroomed in the area. Since the land has practically assumed an urban character, there are serious issues with the demarcation process, the report said.
Published in Dawn, November 23rd, 2014