Housing societies: PHC wants policy to stop use of fertile land for commercial activities

PESHAWAR: The Peshawar High Court (PHC) on Wednesday ordered the Khyber Pakhtunkhwa government to make a policy within six months to stop the use of fertile land for the establishment of housing societies and industrial estates.

Disposing of the writ petitions against establishment of industrial estates and housing societies on agriculture land, the PHC ordered the chief secretary, Khyber Pakhtun-khwa, to personally look into the matter and convene a meeting of the officials, including Senior Member Board of Revenue, Secretary Food Department, Secretary Agriculture Department, Secretary Industries, Commerce and Technical Education Department and Director General Environmental Protection Agency, to make a policy with the approval of the provincial cabinet within six months so that the grievances of the petitioners could be addressed.

PHC division bench comprising Justice Ijaz Anwar and Justice Syed Arshad Ali heard the writ petitions filed by Iftahullah and others against the establishment of the industrial estate and housing societies on fertile land in Charsadda, Swabi, Nowshera and other areas in Khyber Pakhtunkhwa.

The judgment was authored by Justice Ijaz Anwar. It said that there was a lack of coordination among the relevant government departments to deal with the matter.The verdict said that the provincial government could use the complaints of the petitioner as an opportunity to take remedial measures and effective steps to properly address this issue and resolve it effectively.

The Government of Khyber Pakhtunkhwa through the Ministry of Industry, and Small Industrial Development Board (SIDB) had intended to acquire a piece of land measuring 08 kanal and 15 marla for the establishment of “Small Industries Estate Swabi” at Chota Lahor tehsil in Swabi.

According to the petition out of the proposed land, a huge portion of fertile agricultural land measuring 108 kanal and 11 marla belonged to the petitioners and the respondents initiated the process to acquire the fertile land despite the availability of barren land. The petitioners had filed the petition under Section 5-A of the Land Acquisition Act.