ISLAMABAD: The Supreme Court has accepted for hearing an appeal to consider whether the Pakistan Navy can directly approach the provincial authorities for the allotment of over 10,000 acres of land in their favour.
When the appeal will finally be taken up for hearing, the apex court will also consider whether such land can be allotted in favour of a branch of the armed forces, disregarding Article 173, read with Article 245(1) of the Constitution.
Article 173 deals with the power to acquire property and to make contracts whereas Article 245(1) explains the functions of the armed forces, which, on the direction of the federal government, will defend Pakistan against external aggression or threat of war, and subject to law, act in aid of civil power when called upon to do so.
One of the questions the court has listed for its consideration, is whether the federal government has failed in its constitutional obligation to regulate the affairs of the branches of the armed forces relating to land allotment for defence purposes.
Justice Minallah asks Balochistan govt to ensure no land is allotted in violation of Article 173
The matter was taken up by a two-judge SC bench comprising Justice Jamal Khan Mandokhail and Justice Athar Minallah on an appeal moved by Shabbir Ahmed against the order of Balochistan High Court’s Turbat bench, that had rejected a similar plea on Oct 23, 2017.
While granting leave to appeal, Justice Minallah directed the Balochistan government to ensure that no land was allotted in violation of Article 173, also restraining the provincial government from acting prejudicial to the rights of citizens who have not been compensated nor have their properties been subjected to acquisition proceedings.
The controversy concerns allotment of over 10,027 acres of land in favour of the Pakistan Navy on lease. The allotment was made by a senior member of the Board of Revenue through a May 15, 2009 order. The land in dispute falls in Koh-i-Imam Ward, Airport Ward and Shaheed Ward of Balochistan. It was alleged that the PN had directly approached the revenue authorities for the allotment of the land.
On the other hand, the petitioner invoked the constitutional jurisdiction of the high court alleging that without compensation he and other inhabitants were being forcibly evicted to hand over the possession of the land.
In its judgement, the BHC noted that the settlement authorities affirmed that 4,286 acres were in possession of the private citizens who had not been compensated. However, the high court refused to exercise its jurisdiction.
The Tehsildar, settlement circle, Turbat also furnished a report confirming transfer of 242 acres in Mauza Shaheed Ward and 500 acres in Mouza Airport Ward of District Kech owned by the provincial government in favour of the Pakistan Navy and while the final attestation of Koh-i-Imam Ward was still awaited.
The apex court noted that it appeared from the record that the remaining area had not been settled as yet. According to the report, the PN constructed buildings on the purportedly allotted/leased land.
The court also recalled that despite repeated queries, the Board of Revenue Balochistan could not show the relevant law that authorised the PN to directly approach the revenue authorities for allotment of land or empowering the provincial government to allot or lease property of land vested in the provincial government to the PN.
The court ordered the federal and Balochistan governments to furnish their respective concise statements but at the same time Balochistan authorities would also ensure that citizens were not deprived of fundamental rights guaranteed under the Constitution. The provincial government would also ensure that no land was allotted in violation of Article 173.
Published in Dawn, December 18th, 2022
