Construction of stadium on private land in Miranshah

PESHAWAR: The Peshawar High Court (PHC) on Wednesday issued notice to General Officer Commanding, Deputy Commissioner and Assistant Commissioner North Waziristan in a writ petition filed by local residents seeking compensation for their property on which a football stadium, park and market have been constructed without their consent.

A division bench comprising Justice Ikramullah Khan and Justice Musaarat Hilali issued notice to the respondents and directed them to submit their comments before the next hearing in the case about the claim made by the petitioners.

The bench issued notice in the writ petition filed by Noora Khan, Naik Awal Khan and Saeed, residents of Miranshah, North Waziristan, seeking an order of the court to direct the respondents to compensate the petitioners as per market value or return their land.

During the hearing, lawyer Inayatullah Khan submitted that the petitioners were owners of the land bearing Khasra numbers 2003, 2004, 2002 and 2013 Khata No 325 and Khatoni No 331 measuring 18 kanals 13 marlas located in Muza Miranshah.

Due to the military operation by the Pakistan Army against the militants in 2014, he said the local people were advised to leave for safer places in nearby districts including Bannu and Dera Ismail Khan.

The petitioners, he argued, also vacated their houses and inherited property and settled in Bannu district.

“The petitioners after the operation came back to their native area and are now permanently living there. They came to know after return that their inherited land of 18 kanal and 13 marlas was occupied by the respondents and had illegally constructed a football stadium, park and market on it without their consent,” the legal counsel said.

In grounds of the petition, it was explained that the petitioners were not treated in accordance with the law in terms of the mandate of Article 4 of the Constitution.

It said the petitioners as per the instructions of the security forces vacated their houses to enable the troops to cleanse the area from the militants and in the process suffered a lot. Besides, the petition noted that the respondents illegally occupied their land and carried out construction there without their consent.

It was argued that the act of the respondents depriving the petitioners of their valuable inherited land without paying any compensation or seeking their consent is blatant assault on their rights duly guaranteed in various articles of the Constitution of Pakistan.