ISLAMABAD: The Punjab government on Wednesday withdrew its March 5, 2021 notification, which was issued to acquire 6,508 kanals of Shamlat land (jointly owned by the community) in Mianwali for the Namal Education Foundation, a trust chaired by former prime minister Imran Khan, without payment of any compensation, revealed documents.
The Punjab Board of Revenue, under the-then Usman Buzdar administration, had conveyed its approval to the district administration Mianwali with a clear direction that the compensation for the said land was not to be paid. It was said since the Namal Education Foundation was a registered trust, therefore, the clause relating to acquisition of land for public purpose should be invoked instead of acquisition of land for companies and the compensation of Shamlat land shall not be paid.
In March 2021, under Section-4 of the Land Acquisition Act-1894, the then district administration of Mianwali issued a notification stating, “It appears to the deputy commissioner Mianwali that the land is likely required by the government for the public purpose namely for the construction of Namal Knowledge City in tehsil & district Mianwali”.
On February 15, the Board of Revenue Punjab, Settlement Branch, had written a letter to the district administration of Mianwali, suggesting that the land demanded by the Namal should be given without any compensation charges as the work was being done for public interest. However, after eight months of the issuance of the notification, on 18/11/2021, the deputy commissioner Mianwali sought guidance from his commissioner regarding two questions; i) whether the land falling in the category of Shamlat Deh could be acquired? ii) If yes, how could acquisition of the land be carried out without payment of the compensation?
Nevertheless, this letter of the deputy commissioner remained unanswered till Wednesday (May 18, 2022) when the commissioner Sargodha had issued an order for withdrawal of the notification of the land acquisition for the trust. Though the land has been acquired by the district management but yet has not been handed over to the Namal Education Foundation. Interestingly, Namal Education Foundation has currently possesses 8,000 kanals of land, out of which only 1,200 kanals could be utilised till now. It means the remaining 6,800 kanals of land was never put to use, The News has learnt. This land was awarded to Namal in 2008 in district Mianwali, Sargodha Division, on minimal compensation charges at Rs1,500 per kanal. Former prime minister Imran Khan as chairman of Namal signed the documents to receive 8,000 kanals of land in Mianwali, showed the documents available with The News.
It is pertinent to mention here that reputed educational institutes like Aitchison College spreads over a piece of land measuring 200 acres; Military College Jhelum over 100 acres; Cadet College Hasan Abdal over 120 acres; Sadiq Public School Bahawalpur over 150 acres; and LUMS (Lahore University of Management Sciences) over 170 acres. Namal is occupying 1,000 acres of land already out of which only 150 acres are being used and the government wanted to further allot over 750 acres of land.
A senior civil servant, on condition of anonymity, told this scribe that in disregard to the provisions of Land Acquisition Act-1894, the then district administration of Mianwali acquired 6,508 kanals of land for NamaL Education Foundation, a private NGO, without payment of any compensation.
The News learned the provisions of Land Acquisition Act could not be invoked to acquire land for a trust. Moreover, on questioning about the land acquired by NAMAL during PMLN tenure in 2008, it was alleged that the said land acquisition was also illegal.
Shamlat land is the land in a village which is jointly owned and possessed by the landowners of that village and is meant to be used for common purposes of the village community. On January 13, 2021, Sher Zaman Khan, Chief Operating Officer of Namal Education Foundation, wrote a letter to the Deputy Commissioner Mianwali, Sargodha Division, with subject to purchase of land for Namal Knowledge City. In the letter, it was stated, "Out of 1,000 acres of land currently under Namal’s possession, only 15pc or 150 acres is usable. 500 acres of land is across the Namal lake reservoir which is not accessible by road and hence unusable."
The letter further stated, “To accommodate all the construction projects for Namal University and Namal School as well as sports fields at Namal Knowledge City, we are desirous of purchasing additional usable land. We request Government of Punjab to grant Namal more flat and usable land which is easily accessible by road for helping to materialise the grand vision of developing one of Asia's largest academic and research centres."
Referring to the letter received by COO of Namal Education Foundation on January 21, 2021, the deputy commissioner wrote a letter to commissioner office stating, “The total land which they (Namal Education Foundation) want to acquire is 6,508 kanals, 12 marlas, out of which 1,787 kanals, 13 marlas fall in village Karli and land measuring 4,720 kanals, 19 marlas in village Bazzar. It is Shamlat Deh land which is proposed for acquisition”.
In the letter, the deputy commissioner also marked that in 2009 there was a precedent of acquisition of similar nature for Namal Foundation which was done for public purpose. It was further requested to move the case to the Secretary (Settlement) Board of Revenue Punjab, Lahore, for necessary permission and opinion for acquisition of land for public purpose or private companies as per the request of Namal Foundation. On February 2, 2021, Office of the Commissioner Sargodha Division wrote a letter to the Secretary Settlement Board of Revenue, Punjab. The letter said, "It is requested that necessary approval for acquisition of subject land for public purpose may kindly be granted as per request of the Deputy Commissioner Mianwali."
On February 15, 2021, Board of Revenue Settlement Branch wrote back to the commissioner of Sargodha Division requesting copy of the record of rights of that land with its exact measurement along with recommendations for its future use. "For being a registered trust under Societies Registration Act, 1860 acquisition of land will not fall in the category of companies. Rather, acquisition of land in the instant case shall be for public purposes under the Land Acquisition Act, 1894. It is added here that compensation of land is not to be paid”, the letter stated.
On February 22, 2021, the commissioner wrote to the Deputy Commissioner of Mianwali to send the requisite report/information in the light of the letter sent by BOR Settlement Branch for the transmission of land to the party concerned.
On March 3, 2021, the deputy commissioner wrote to chief commissioner stating that an undertaking was sought from Namal Education Foundation to ensure compliance of land acquisition formalities and purpose of land acquisition. “The requisite undertaking has been received from the Namal Education Foundation on 01-03-2021". The deputy commissioner further informed the commissioner that the Assistant Commissioner Mianwali was proceeding for acquisition of land for public purpose under the Land Acquisition Act as per the advice of the Settlement Branch of BOR Punjab. It was also requested to send all the details mentioned in the letter to Secretary Settlement, BOR Punjab.
Qasim Zaman Khan, on behalf of Board of Governors Namal Education Foundation, submitted application before the deputy commissioner for the acquisition of land measuring 6,508 kanals and 12 marlas for establishment of Namal Knowledge City.
On March 5, 2021, deputy commissioner wrote to the Government Printing Press, Punjab requesting draft notification under Section 4 of Land Acquisition Act, 1894 issued by the Deputy Commissioner Mianwali along with necessary certificates for publication in next Extra Ordinary issue of Punjab Gazette.
On the same day, a notification was issued by DC Mianwali under Section 4 of the Land Acquisition Act 1894 for the construction of Namal Knowledge City in Mouza Kalri & Bazar. The notification stated, "It appears to the Deputy Commissioner Mianwali that the land is likely required by the government for the public purpose namely for the construction of Namal Knowledge City is Tehsil & District Mianwali." It was requested to authorise officers to do a survey and perform all the acts required or permitted by Section 4 of the Land Acquisition Act.
After issuance of Section 4 notification and after lapse of almost eight months, on 18-11-2021, the deputy commissioner sought guidance from his commissioner regarding two questions, whether the land falling in the category of Shamlat Deh could be acquired. If yes, how could acquisition of land be carried out without payment of compensation?
On the very next day, the chief commissioner office forwarded the same letter to the Secretary Settlement, Board of Revenue, seeking guidance for the acquisition of land for the Namal Education Foundation under the Land Acquisition Act 1894.