A division bench of the Lahore High Court here on Tuesday sought reply from Border Area Committee (BAC) within fortnight in a petition challenging the condition no 11 of the Border Area Regulation 1959. Under the condition, no land could be sold within five miles area of a border without getting an NOC from General Headquarters (GHQ).
The court issued a stay order and restrained BAC from dispossessing petitioners, Ashraf and others, from their land. The court also sought assistance of Attorney General of Pakistan on the issue. The petitioners through their counsel, Muhammad Azhar Siddique, contended that they had purchased land in Kasur border area in 1891 against payment of money. They had been cultivating the said land for the last 31 years and no one had interfered in their possession. They pointed out that BAC cancelled their allotment and mutation on December 22, 2010 without extending an opportunity of hearing to them.
Azhar argued that lambardar and notable of the area submitted their affidavit to the extent that the petitioners were innocent people and were not involved in any illegal activities. So, they could not be treated as undesired persons. He said that West Pakistan Borders Area Regulation 1959 was promulgated to eliminate any "undesired person" involved in illegal activities from border area, but now the law was being misused.
He said his clients purchased land from Nassem Khan in 1981 and she was allotted the said land in 1964. He said in 1981 an amendment was made to the border area regulation and condition no 11 was inserted in it. Under the said amendment, no land could be transferred or sold unless a no objection certificate was issued by GHQ. The counsel said this condition was contrary to article 23 of the constitution, as every citizen has right to have property.
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