ISLAMABAD:
Supreme Court restrained Balochistan government from Pakistan Navy land allocation on lease basis.
Last week a division bench of The Supreme Court, led by Judge Jamal Khan Mandohail, considered the appeal against judgment of the High Court of Balochistan in which the citizens’ petition was rejected against selection of their land Pakistan Navy provincial government.
” government of Balochistan aims at ensure so that citizens are not deprived of enjoy their fundamental rights, in particular those guaranteed by Articles 23 and 24 of Constitution,” reads the four-page order written by SC Judge Athar Minalla.
” government of Balochistan aims at ensure that the land is not allocated in violation of Article 173 of the Constitution and the aforementioned laws, added
The sun further restrained the provincial government from “an act prejudicial to the rights of these citizens who were not compensated, and their property was not subjected to the acquisition procedure”. “Given that [the] disposal of petition, federal and provincial governments sent to ensure what’s the circuit of The constitution and existing laws are not violated in case of allotment of land for in use of organizations/departments under their control,” the order says.
Earth in question located in Koh-i-Imam District, Airport District and Shahid District in Kech county region, was allocated by the Council of Income senior member via letter dated May 15, 2009
Pakistan Navy, one of branches of armed forces had directly applied to the tax authorities for selection of Earth.
The applicants relied on constitutional jurisdiction of BHC.
They claimed that, without compensation, they and other residents were forcibly evicted into the hands of over in possession of own land in accordance with the allotment.
Reports of settlement authorities reproduced by the highest court in his decision confirmed that 4,286 acres were in possession of private citizens, who was not compensated.
However, the BHC refused to exercise its jurisdiction.
Supreme Court in his order noted that the tehsildar of Settlement circle, Turbat submitted a report confirming the transfer of 242 acres and 500 acres are owned by the provincial government in service of Pakistan Navy in Muza Shahid Area and Muza Airport Area respectively, while final attestation of Koh-e-Imam Ward was waiting.
SC bench noted that it came from record that the rest area hasn’t been decided yet.
“According to the report, the Pakistan Navy has built buildings on allegedly allocated/leased land. Mr. Muhammad Akram, Secretary (Judicial and Fiscal) of the Balochistan Council, appeared in court]along with learned additional attorney general and scientist advocate general. In response to our repeated inquiries, they were unable to show relevant law allowing [the] Pakistan Navy in directly contact the tax authorities for [the] allotment of land or empowerment of the provincial government allocate or rent property endowed in provincial government”, – read the order of the UK.
“The same is happening with the provincial authorities. also not endowed with jurisdiction to allocate land owned by citizens without compensating them, and this too in violation of scheme of Constitution of Islamic Republic of Pakistan, 1973″. added.
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The SC noted that Balochistan government had, at first glance, made selection in violation of scheme of Constitution and applicable laws.
“Actions / inaction of in government of Balochistan, especially put on of land without compensation to citizens, seriously affects the fundamental rights guaranteed, inter alia, by Articles 23 and 24. of constitution,” he said.
SC, bye granting leave the appeal, put seven questions for decision.
The court questioned the legitimacy of the BHC in refusal to exercise jurisdiction under section 199 of Constitution when enough material was placed on record to show that the provincial government, without reparation to citizens, endowed the disputed lands.
it also raised the question of whether the Pakistani navy is competent directly contact the local tax authorities for selection of earth measurement more than 10,000 acres.
“Lee [or not] in government of Balochistan had the right to allocate/lease land in service of [the] Pakistan Navy? Lee [or not] land can be allocated in service of branch of armed forces, including in disregard for article 173 read with Article 245(1) of Constitution? Lee [or not] branch of military forces may deal with or administer public land otherwise than as provided by the Quartering Act 1924. with Military camp lands and management 1937 or guardianship, non-acquisition (ACR) of [the] Military Land Regulations 1944, maybe? Lee [or not] federal government It has failed in its constitutional obligation to regulate affairs of branches of armed forces related to the allocation of land for defense goals? Lee [or not] selection of land and, in connection with this, construction on it was in violation of laws applied to protect environmentif so, what are the consequences of this? the court asked in order.
Order also questioned whether the Pakistan Navy complied with building code of building.
SC bench solve these issues on in next the date of hearing.
