ISLAMABAD: The Islamabad High Court (IHC) has suspended the order of a subordinate court on a decade old land dispute of 135 kanal private land which a housing society converted into residential and commercial plots worth over Rs10 billion.
The additional district and sessions judge (ADSJ) Abdul Ghafoor Kakar in March this year ordered the deputy commissioner, inspector general, senor superintendent of Police for the recovery of the land under the Land Dispossession Act 2005 from the owner of private housing society Ghauri Town, Chaudhry Abdul Rehman, and directed that the possession of 135 kanal land be given to the complainant, Maulana Ishtiaq ul Salikeen, who as per the court order was the real owner of the land.
It may be mentioned that Rehman was arrested in February last year under the Maintenance of Public Order (MPO) following the district administration launched the crackdown against land grabbers on the directions of the then Prime Minister Imran Khan.
The IHC; however, granted him post arrest bail.
In the instant case, the complainant Salikeen contended that Rehman along with his other accomplices forcibly took over possession of his 135 kanal land and converted it into over 400 residential and commercial units and sold out to different buyers.
The complainant contended that on the direction of the IHC, the Additional Deputy Commissioner Revenue appointed a commission to furnish demarcation of the land in question. The Revenue Officer in the report pointed out that “multiple high-rise commercial and residential buildings were constructed over there” and stressed the need of assistance of Survey of Pakistan as the demarcation could not be possible by the revenue officials.
As per the order of ADSJ, the detailed demarcation report was then submitted and the owners of the society objected that the ADCR was suppose to complete this job but it was done by a Naib Tehsildar.
The judge on the other hand was of the view that the land was demarcated in accordance with the directions of the Supreme Court and directed the senior authorities of Islamabad Police and district administration to give possession of land to the complainant Salikeen from the “illegal occupation and possession of the respondents or any other illegal occupants.”
Rehman then filed an appeal against the order of the ADSJ before the Islamabad High Court (IHC).
In the appeal he took the plea that revenue officials unnecessarily involved Survey of Pakistan in the process of demarcation.
It said that the commission appointed by the ADCR for demarcation of the land in question deviated from the direction of the court and failed to comply with the same and instead of senior official a Naib Tehsildar demarcated the said land.
The appeal was heard by Justice Tariq Mehmood Jahangiri.
After preliminary arguments, Justice Jahangiri issued a stay order in this matter and sought reply from the complainant and officials of the district administration.
Copyright Business Recorder, 2022
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