The Islamabad High Court (IHC) here on Tuesday issued notice to Attorney General for Pakistan to appear on April 2 and apprise it about the constitutional provisions regarding land acquisition by government ministries and departments.
A single-judge bench of Justice Syed Qalbe Hassan heard a writ petition filed by Safeer Ahmed against the Ministry of Defence. Iftikhar Hussain Gillani, appearing as counsel for the petitioner, apprised the Bench that the Ministry of Defence, through a notification, has acquired about 2,000 acres land near Pakistan Institute for Nuclear Sciences and Technology on Lethrar Road.
He said that the step by the concerned authorities was ultra vires of Constitution and it was not permissible under the law of the land.
Such notification, he said, can be issued when a construction near sensitive area poses a hindrance to its functioning.
"But here an owner of the land has been denied of his right to utilise his piece of land," he added. Gillani also claimed that this step also brought down the prices of land to bottom resulting in financial losses to the owners of lands in that area. He stated that these laws exist since 1903, but huge construction was done near sensitive installations in and around Rawalpindi.
Mohammad Bashir and Barrister Masroor Shah, appearing as Standing Counsel, apprised the court that laws did exist to acquire public property and equal compensation had been paid to the affected owners at market price.
A collector would determine decrease in prices of land if it occurred but surely he would take all the issues into consideration while making compensation, they added.
He said that the concerned collector of land was also bound to issue notice to the people about the mode of compensation. Justice Syed Qalbe Hassan, after hearing both parties, issued notice to Attorney General for Pakistan to appear on April 2 and apprise the Court about the existing laws.