SC refers land allotment matter to Border Area Committee

Islamabad : The Supreme Court on Wednesday referred the matter of allotments of land and subsequent sale and purchase of land at border areas of the country to Boarder Area Security Committee with the direction to look into matter in accordance with law.

A three-member bench of the apex court headed by Acting Chief Justice Gulzar Ahmed heard a case of some 25 petitioners who had been allotted land at boarder area between Shakargarh and Bahawalpur.

As per the case, some 25 petitioners have moved the Supreme Court against the Punjab government for cancelling their allotment of lands at border area between Shakargarh and Bahawalpur by the government of Punjab for not having the required No Objection Certificate (NOC)

The court after hearing to the attorney general as well as counsel for Border Area Committee and petitioners, disposed of the case and directed the Boarder Area Security Committee to look into the allotment of land to the petitioners by hearing to their grievances as well as the matter pertaining to sale and purchase of the respective land and decide the matter in accordance with law.

The Boarder Committee was also directed to examine the petitioner’s cases and determine as to whether they are entitled to get the respective NOC and if they are entitled then on what conditions, they would be granted the such NOC.

The court directed that no petitioners would be deprived of taking equal opportunity for hearing them besides further directing the Border Area Security Committee to examine as to whether the said allotments were granted in accordance with law, and if it was found that it were granted in violation of rules and law, it should be cancelled forthwith.

The court further directed the committee to resolve the matter of NOCs within a period of one year with further direction that in future it should be ensured that the allotment of land is granted in accordance with law and rules and regulations. Earlier, at the outset of hearing Justice Gulzar Ahmed observed that border area is very much sensitive hence allotments of land should be made in accordance with law and very much care as well. He said that no land was allotted to anyone at a distance of 20 miles of Indian border while here in Pakistan peasants are harvesting near the wall of the border.

Attorney General Anwar Mansoor Ali Khan submitted that as per law the sale and purchase of a land cannot be made without obtaining the requisite No Objection Certificate (NOC).

Justice Gulzar Ahemd, however, said that allotment of land should be avoided at border areas for ensuring security adding that there could be apprehension of smuggling hence the government should be very much careful in this regard.

If you want to make a buffer zone, go for it, may it be on two miles but border area is very much sensitive, Justice Gulzar said, adding that if an ordinary person is allotted a land at the border area then he can do anything. Justice Sardar Tarqi Masood, another member of the bench, observed that the Boarder Area Committee had allotted the land to its blue-eyed people.

During the hearing a resident of border area told the court that they have been living there for years saying during the 1965 and 1971 wars, they were there at the border. Justice Gulzar Ahmed told him as to what he could do if the enemy came there. We will defend the country, the resident replied. Justice Gulzar asked the resident if he has a requisite NOC to which he replied that although he had purchased the land, but it was not allotted to him. Meanwhile the court disposed of the matter.