A Lahore High Court division bench restrained Border Area Committee (BAC) from snatching possession of agricultural land in border area of Kasur from its lawful owners on Tuesday.
The bench directed BAC to file detailed a reply and parawise comments in the court within two weeks on the matter.
In addition, the bench issued notice to the attorney general of Pakistan to assist the court in the proceedings on the matter in terms of article 199(4) read with order-A on challenging West Pakistan Border Area Regulations 1959 condition no 11and amended regulation 1981 that laid down the condition of obtaining an NOC from GHQ for transfer and purchase of land in 5 miles limit of border area.
The bench comprising Justice Ijazul Ahsan and Justice Sahid Saeed passed the order after hearing the arguments of Muhammad Azhar Siddique, counsel for petitioners, which contented that BAC cancelled the allotment of their agricultural land on the pretext that they did not possessed an NOC from GHQ in 1981 when they purchased the land from Naseem Khan, who was a lawful land owner. The counsel said that their clients had been farming on the land for the last 31 years without causing any trouble to border area authorities and they were not involved in any unlawful activity as well, which may be against the national interests regarding border area security.
Seeks reply on petition challenging deptt’s merger: LHC Justice Sheikh Azmat Saeed on Tuesday sought reply from respondents until June 6 on a petition challenging merger of the Punjab Cooperative Board for Liquidation with the Punjab Cooperative Department.
The petition was filed by Syed Iqbal Jafree submitting that the alleged merger would lead to plundering and looting of Rs 100 billion assets of the board. The petitioner pointed out that in order to finalise the merger, authorities concerned had recently removed its chairman Nazar Chauhan and around 1,100 kanals of board land were illegally grabbed by a politician. He said that if the merger was completed, assets of the board would be doled out to cooperative societies causing a great loss to affectees, who have filed petitions for recovery of their money besides affecting the process of recovering Rs five billion through the board. Jafree requested the court to intervene and stop merger of the board otherwise all of its assets would be wasted. After hearing arguments, the court issued notice to respondents including the Punjab government, Punjab chief secretary, the federation and others.
Border Area Committee was formed to keep a check on settlers such that they are not involved in illegal activities or occupying the government land illegally. This was a good rule and in favor of Pakistan but even if the requirement of NOC was imposed in 1981 then original allottees or settlers should have been informed entire through Postal service, Radio Broad Cast or Television Broadcast and condition should have been imposed through Potwaris such that no transaction could be made in favor of any one without the proper NOC from General Head Quarters. Once very same condition was not implemented at very first stage then it is not a rightful for GHQ to cancel the original allotment as every case within the border Area falls under the same very Violation. No one objects to the fact that if they are involved in illegal activities then they should not be panelized but this is not the scenario here.
REFERENCE FROM ARTICLE 24, CONSITUTION OF PAKISTAN 1973
Article 24 of the Constitution of Pakistan 1973 in a firm command prohibits that no person shall be deprived of his property save in accordance with law. The action of the Executive depriving a person of his property must carry the sanction of law behind it and unless that is shown/proved and unit substantial compliance with the law itself is made while taking the action, the result which flowing there form would render such action nullity in the eye of law, Coram non-judice and the same would be reduced to naught. [p. 260] D
malisa khan es k bad kiya new order ya policy bani hey lahore high court ya GHQ Border area committee ki tarf se kiya hukam nama jari howa plz reply me
sir ek hamara bhi lhc mein case No 63/r/14 hey plz es k bary mein koi information dein. es case ki hearing 29-4-14 ko MR. Justice Muhammad Khalid mehmood Khan Party name Mirza Saleem Baig
VS Border area committee
Tks your information
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