IHC to hear ICA of Langah villager demanding share in oil & gas

IHC single bench had earlier dismissed the petition for want of jurisdiction

Islamabad

A petition seeking development share for village Langah in Chakwal, where oil and gas has been explored, was earlier dismissed by an Islamabad High Court (IHC) single bench for want of jurisdiction but a division bench has allowed this petition to the extent of maintainability in an Intera court appeal (ICA).

IHC division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb while allowing maintainability of this petition has observed that the petition could not have been simply dismissed due to the fact that some respondents were out of this court’s jurisdiction whereas one respondent that is federal government’s ministry of petroleum and natural resources well within the jurisdiction of this court.

Last year IHC chief justice (CJ), Justice Muhammad Anwar Khan Kasi while citing lack of jurisdiction had dismissed this petition and the petitioner then filed an ICA.

IHC division bench while deciding maintainability of this petition remanded back the matter to the single bench. IHC CJ on Thursday fixed this matter before the court of Justice Aamer Farooq for regular hearing.

Petition has been filed by an 85-year-old resident of village Langah, Tehsil and District Chakwal who through his counsel Muhammad Anwar Dar advocate contended before the court that the said village despite being oil and gas rich, not provided with its due share of development.

Under the law exploration & production (E&P) companies operating in Pakistan are contractually obliged to make specified payments in lieu of exploration rights and privileges granted by the federal government.

Petitioner Muhammad Rafique has nominated federation of Pakistan through secretary, ministry of petroleum and natural resources, Oil and Gas Development Company Limited (OGDCL), Pakistan Petroleum Limited (PPL) through its Managing Director (MD), Province of the Punjab through its secretary, local government and community development, Tehsil Municipal Administration (TMA) Chakwal and TMA Gujar Khan as respondents.

Petitioner adopted that PPL has successfully discovered oil and gas from two sites of Village Langah and production from these oil wells is continuously being made, besides 2 more oil and gas wells discovered since long time ago are also functional in Domali Langah. So there are total of 4 oil and gas wells in the village.

That besides above mentioned discovery of oil and gas, border area of District Rawalpindi and Chakwal is rich in oil and gas resources and from some other places like Adhi and Dhoong villages two oil wells were discovered.

That the respondents are bound for utilisation of social welfare funds provided by E&P Companies in lieu of exploration rights and privileges and activities of such companies should not be adversely impacted and it was also necessary that the inhabitants benefited from the economic activities resulted from such operation and from the natural/mineral resources extracted from their local area.

That the Village Langah is one of the big villages of Tehsil and District Chakwal having population of more than 10,000.  The said village has been deprived of from the basic facilities such as proper road infrastructure, schools, hospital, sewerage and supply of clean drinking water.

That there is no medical facility such as Dispensary / Hospital available in the village and the poor people of the area are facing great difficulties and take their patients to Chakwal City and Rawalpindi City for proper medication/in-door facility. 

The respondents are also bound to control environmental pollution, provide gas facilities to the local inhabitants and spend specified amount(s) on the local infrastructure such as roads, schools, hospitals, plantation, playgrounds and betterment of the local people and area but they failed to ensure to performance of the obligations of the exploring and production companies, which are actively exploring the land of the area. That due to the activities of the PPL the natural environment of the area is being badly affected.

Petitioner has prayed to the court to direct the respondents for provision of basic facilities to the areas.