No lease, no housing societies on railways land till next order, rules SC

Ag NNI

LAHORE: The Supreme Court bench led by Chief Justice Mian Saqib Nisar ruled on Monday that the railway land will not be used for establishing housing societies or issuing lease for it, till the next order of the court.

The apex court heard suo motu case on deficit in Pakistan Railways. Railways Minister Sh Rashid appeared before a two-member bench in the case hearing. The court also summoned record of stay orders from all high courts and subordinate courts about the railway lands. The judges remarked that the railway land is owned by the department and only the railway could utilise these lands.

The bench also ordered removal of encroachments from the railway land in Chakwal and other areas. The bench remarked that the railways land is owned by the federal government and not the department. The apex court summoned the owners of the Royal Palm Club on the next hearing of the case issuing notice to Hasnain Construction, the lessee of Royal Palm Country & Golf Club. The bench adjourned the hearing till December 27.

During the hearing of a case regarding suspension of a railway track in Chakwal, railways minister told the bench that the department was unable to recover its land from the illegal occupants due to stay orders passed by the Lahore High Court and other courts. Specifically talking about the Royal Palm Club, the minister said the owners obtained a stay order from the high court when the previous management of the railways tried to take over its land. He said the railways is facing an annual loss of Rs35 billion. He criticised the previous governments for ruining railways through corrupt practices.

The minister sought permission from the court to continue with the short-term leasing of railways land for cultivation purpose to meet its expenses. The chief justice observed that the railways land could not be used for any other purpose except rail tracks and stations. However, he said the question of shorter leasing will be decided on the next hearing.

Regarding the suspended track of Chakwal, the minister said revival of the track would not be viable for the railways. He pointed out that a maximum of 21 passengers used to travel daily when the operation of the track was closed in 1991 while the revenue of the railways from it was Rs258 per day.

He said the financial condition of the railways did not allow resumption of the traintrack of Chakwal. A lawyer pleading petition for the restoration of Mandra-Chakwal railway line stated that the track was operational since 1886.

She pointed out that Sh Rashid during his previous stint as railways minister in 2007 had restored the track. She said the railways instead of reviving the track used the land for residential purposes. The chief justice observed that it was the job of the railways to decide whether to run a train track in any area. The CJ disposed of the petition in light of the minister’s reply.

On the other hand, the chief justice came hard on PML-N’s MNA Afzal Khokhar and MPA Saiful Malook Khokhar and warned them of strict action for grabbing land of poor inhabitants. The apex court remarked that they had become a symbol of terror as no one dares raise voice against them. Both brothers also appeared in the court.

At the outset of the hearing Monday, Lahore deputy commissioner Salah Saeed presented a report, stating that “Khokhar Palace” of Khokhar brothers is over 177 kanals of which 61 kanals was n used for construction of building while remaining 116 kanals is outside the boundary wall. She said all the land is legally owned by Khokhar brothers. However, its consolidation was done in a dubious manner.

The court summoned member Board of Revenue, consolidation officer, and DG anti-corruption today. The court also directed the FIA to submit a report regarding assets and lifestyle of present and former ‘halqa patwaris’ of area.

The apex court sought personal appearance of Minister for Water Resources Faisal Vawda and Minister for Planning and Development Khusro Bakhtiar in a case relating to construction of Nai Guj Dam in Dadu, Sindh. Earlier, an officer of Wapda told a two-judge bench headed by Chief Justice Mian Saqib Nisar that PC-I for the construction of the dam was issued while its scrutiny by the relevant ministries was awaited.

He said the after the approval by the ministries, the matter will be placed before Ecnec for a final go ahead. The officer further stated that process to invite bid for the construction of the dam would start next month. The bench adjourned further hearing till December 28.