PESHAWAR: The Peshawar High Court has stopped the Charsadda district administration from acquiring agricultural land, mostly producing lotus root, to set up a dumping site declaring the entire exercise against the law.
A bench consisting of Chief Justice Qaiser Rashid Khan and Justice Syed Arshad Ali directed the district administration to look for an alternative site for the purpose in consultation with the provincial Environmental Protection Agency (EPA).
The bench accepted a petition filed by a landlord, Mohammad Hashim Khan, against the invoking of Section 4 of the Land Acquisition Act by the administration for acquiring his land in Charsadda city and converting it into a dumping site.
In July this year, the court had stayed the land acquisition process until the final disposal of the petition.
Declares exercise illegal, to issue detailed verdict in case later
Provincial EPA deputy director Mumtaz Khan informed the court that the land proposed for the dumping site and being acquiredby the district administration was a farming area, so it was not suitable for disposing of waste.
He said the dumping site’s establishment on that land would harm environment.
The petitioner had requested the court to declare illegal a notification issued by the Charsadda administration under Section 4 of the Land Acquisition Act, insisting that it is a health and environmental issue for the residents of Majoki and adjoining areas in Charsadda.
He also requested the court to declare the establishment of the dumping ground in Majoki area a violation of the Constitution as well as the provincial, federal and international environmental protection laws and regulations.
The petitioner had also highlighted the archaeological significance of lotus root for Charsadda district and sought the court’s orders for the government to hold regular research on its cultivation as well as help growers in that respect.
His lawyer, Ali Gohar Durrani, said lotus flower was a symbol of enlightenment and rebirth in Gandhara civilisation, while Charsadda was known as Pushkulavati (City of Lotus) in ancient times.
He said lotus root, locally called nadru and barsanday, was found in light brown and white colours.
He added that it was a kind of root used as vegetable by people and it grew two to three feet deep in ponds and water stagnant areas.
Mr Durrani said the cultivation of lotus root in the province had significantly decreased over the years and was limited to Pajjagi area in Peshawar and Majoki and Turangzai areas in Charsadda.
He said a petition was recently filed with the high court against the use of a Charsadda graveyard as a dumping site.
The counsel added that the court had issued orders in that case for the establishment of a proper dumping site.
He said the court had ordered the identification of site for the dumping site, while a committee was also constituted for the purpose.
Mr Durrani said a meeting was held on the matter and directions were issued to invoke Section 4 of the Land Acquisition Act.
He said a survey was conducted and of all the places, the petitioner’s property, which was known for the cultivation of lotus root, had been chosen by the administration as the dumping site.
The lawyer contended that the notification was issued in haste ‘in the garb of the orders of the high court’.
He said a report of the sub-engineer of the tehsil municipal officer’s office declared that the site was located in the vicinity of a residential area and was waterlogged, so it was good for growing lotus root.
Published in Dawn, November 3rd, 2022