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December 29, 2018

PHC stays construction on disputed property in Bara


December 29, 2018

PESHAWAR: The Peshawar High Court (PHC) on Friday stayed construction on a disputed property till the restoration of the judicial system in the tribal districts.

A single bench of Justice Shakil Ahmad issued the stay order in a writ petition filed by a tribesman, seeking an order of the court to stop his rival from construction on his land.

Qasim Jan, a resident of Bara in Khyber district, filed the writ petition against the assistant commissioner, Bara and rivals, including Muhammad Noor and Shamsuddin.

The petitioner claimed that due to the non-existence of the judicial system after the repeal of the Frontier Crimes Regulation and subsequent Fata Interim Governance Regulation, the rivals have started construction on the disputed land. Shakirullah Afridi, counsel for the petitioner, submitted that the petitioner filed a complaint with the assistant commissioner, stating that he had a land dispute with Muhammad Noor and Shamsuddin.

He contended without settlement of the dispute, the rivals have started construction over the land.

The lawyer stated that the assistant commissioner had issued a notice to the rivals and recorded statements of both the parties. However, the lawyer argued that in the meantime, the federal government had introduced 25th Amendment in the Constitution by amending Article 247 (7).

In order to run the affairs in the tribal districts, the federal government then introduced Fata Interim Governance Regulation 2018, but the same was turned down by the Peshawar High Court on October 30.

The lawyer submitted that presently no law exists in the tribal districts after the high court’s decision to declare the Interim Governance Regulation ultra vires of the Constitution.

Taking advantage of the current situation, he said, the respondents have started construction over the disputed land.

He said when the petitioner approached the assistant commissioner against the unlawful act, he did not take any action, with the observation that he has no judicial powers to intervene into the matter.

The court stayed the construction and issued a notice to assistant commissioner and respondents to submit reply before the next hearing.

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