Forcible land acquisition: Supreme Court seeks Punjab government comments

20 May, 2008

The Supreme Court on Monday directed the government of Punjab to file its comments on the issue of compulsory requisition of land in Salkhaiter village, in favour of a private housing company, by June 9.
A three-member bench comprising Chief Justice Abdul Hameed Dogar, Justice Ijaz-ul-Hassan and Justice Chaudhry Ejaz Yousaf, issued this direction during the proceedings into complaints that revenue authorities were forcibly acquiring lands in Salkhaiter village, about 15 kilometres from Rawal Dam, for development of Bahria Golf City.
Salkhaiter is home to over 250 families. The petitioners had claimed that more than 1,500 individuals owned and were dependent on their inherited agricultural lands for survival.
In their application, the residents of the village accused Riaz Hussain, proprietor of Bahria Town, of using different property dealers to lure the innocent villagers into signing some mutations in their favour from Shamlat and Ghairmumkin lands and the hilly land under the Land Acquisition Act, which subsequently was purchased by the proprietors of the Bahria Golf City housing scheme.
The acquisition of land by private developers was in violation of law as only the government can acquire private land for public purpose and welfare, the petition said. Dr Babar Awan, representing the affectees, said that acquisition of land was in violation of Article-24(2) of the constitution saying private land cannot be acquired for private purposes.
He said that since the government has changed in Punjab and has not submitted its point of view in the Supreme Court, therefore, it is necessary to know either it was in favour or against this forced acquisition.
S M.Zafar, counsel for Bahria Town, said that the Punjab government was not a party in this matter, and its explanation was not necessary. "It can present its standpoint merely banking upon the material provided by us," he added. The court said that it was an important matter, and the new government has not given its point of view on regarding the matter; therefore, it should submit its report. The court adjourned the hearing till June 9.

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