The Islamabad High Court (IHC) on Wednesday asked Attorney General of Pakistan to appear before it on April 7, or authorise his deputy, to apprise it about the parameters laid down by the Constitution about land acquisition process.
A Single Bench of Justice Syed Qalbe Hassan heard the writ petition filed by Safeer Ahmed against Ministry of Defence. Iftikhar Hussain Gillani appeared as counsel for the petitioner. He apprised the Bench that the Ministry of Defence through a notification has confiscated about 2,000 acres land near Pakistan Institute of Nuclear Sciences and Technology on Lethrar Road.
He said the step by the concerned authorities was ultra vires to Constitution and it was not permissible by law of the land. He said such notification can be issued when a construction near sensitive area poses hindrance in 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 resulting in financial problems for the owner of lands.
Counsel for the Ministry said that the laws exist to acquire public property, and equal compensation had been done to the affected owners after determining its market price.
They informed the court that under Work of Defence Act, 1903, government was entitled to issue a notification about acquisition of land falling within the proximity of 2,000 metres of its installations.
The law also permits that no construction activity should take place in that area without permission from the concerned authorities, they added. They said that any activity posing security hazards would be stopped under the same law.
About compensation, they said, a collector appointed by the government would determine decrease in prices of land if occurred but surely he would take all issues into consideration while making compensation.
Gillani said that Attorney General of Pakistan was served with a notice for April 2 but he could not turn up. He cited another constitutional case decided by Peshawar High Court in which Aftab Ahmed Khan did not appear despite repeated issuance of notices.