Humayun Khan
PESHAWAR: Peshawar High Court (PHC) was on Saturday moved for annulling the notification of dissolving Khyber Pakhtunkhwa (KP) Assembly. The KP assembly had earlier been dissolved by the PTI-led government to mount pressure on the incumbent government.
Muhammad Furqan Qazi petitioned the court via Advocate Muhib Kakakhel, which stated that it was unlawful to dissolve the assembly as former KP CM Mehmood Khan, on the directions of PTI chief Imran Khan, sent the summary of dissolution to Governor KP Haji Ghulam Ali without giving any thought. The plea further stated that later Mr Khan contended that he had been instructed by someone else to dissolve Punjab and KP assemblies. The petition requested the court to annul the notification of dissolution on the grounds that former KP CM did this in violation of the constitution. The petitioner also pleaded the court to order the ruling party to nominate CM and provincial cabinet.
PHC orders EPA, Agriculture to appoint officers: A divisional bench of Peshawar High Court (PHC) comprising of Justice Abdul Shakoor and Justice Syed Arshad Ali extended status quo against a notification issued deputy commissioner Swabi for establishment of small industrial estate by acquiring ‘fertile’ land while Environmental Protection Agency (EPA) and Department of Agriculture are made respondents in the case.
The petition was filed by Zahirullah and Iftitahullah Khan against the imposition of Section 4 of the Land Acquisition Act by the DC in his capacity as land acquisition collector while PHC ordered EPA and Agriculture department to appoint officer in this regard for submission of report before court.
However, Agriculture department should submit report regarding fertility of land while EPA has been directed to submit report on environment issue that can be raise following establishment of small industrial estate. The petitioners claimed that the land being acquired by the administration for the establishment of an industrial zone by the Small Industries Development Board (SIDB), Khyber Pakhtunkhwa, was mostly agricultural land and not barren.
The petitioners claim that the DC had imposed Section 4 on fertile agricultural land by declaring it barren, which would badly affect agricultural activities in the district. The counsel argued that establishment of small industrial estate will further deepen the food security because Pakistan is already importing edible items because housing societies have been established on fertile land since long.
The requisition of SIDB, the Swabi deputy commissioner had issued the impugned notification imposing Section 4 of the Land Acquisition Act for acquiring over 1,000 kanals of agricultural land for an industrial estate and declared the same as barren.
The counsel added that PHC has constituted a Commission under retired Judge which also declared that most of the land is fertile while argued that report is part the court’s file while agriculture department has revealed regarding cultivation on the land before court.
PHC observed that production of agricultural items will be disturb from such initiative and added that agriculture’s department as well as EPA should submit reports in their respective domains because nation facing sinking of agriculture land. PHC made EPA and Agriculture’s department as respondents in the case while directed appointment of officers in this to prepare report in this and extended status quo in this regarding.
