Humayun Khan
PESHAWAR: A divisional comprising of Chief Justice Peshawar High Court (PHC) Justice Ishtiaq Ibrahim and Justice Waqar Ahmad has issued a restraining order against the sale of land belonging to various government universities in Khyber Pakhtunkhwa, halting the sale of land and seeking a response from the provincial government, on Tuesday.
The petitioners, Syed Muhammad Ali Shah Bacha, provincial president of Pakistan Peoples Party, and Daras Khan Advocate, were represented by Gohar Rahman Khattak, while Additional Advocate General Numan-ul-Haq Kakakhel represented the provincial government.
The petitioners’ lawyers informed the court that over 400 kanals of land were acquired for the University of Engineering and Technology Mardan, Agricultural University Mardan Campus, and Bacha Khan Medical College in Mardan between 2009 and 2012. However, media reports suggest that the provincial government is planning to sell the land, and officials of the educational institutions are being pressured to revise the original master plan.
The lawyers argued that the government does not have the authority to sell university land, and the land in question has been used for constructing buildings. They added that the government is trying to sell university land to reduce its expenses instead of cutting its own expenditures.
PHC sought a response from the provincial government in the previous hearing, but no response was received. The Additional Advocate General Nauman Kakakhel informed the court that no such order or decision has been made, and the petitioners’ lawyer requested a stay order to prevent the sale of land.
The court issued a restraining order against the sale of university land and sought a response from the provincial government in the next hearing. The Chief Justice remarked that if the provincial government is not selling the land, then there is no issue. The court has restrained the provincial government from selling university land and has sought a response in the next hearing.
Court seeks response against inclusion of block, umbrella schemes: A two-member bench comprising of Chief Justice Peshawar High Court (PHC) Justice Ishtiaq Ibrahim and Justice Waqar Ahmed has sought a response from the relevant authorities on a petition filed by opposition members of the Khyber Pakhtunkhwa Assembly against the inclusion of block/umbrella schemes in the Annual Development Program (ADP) by the provincial government, on Tuesday.
The petition was filed by opposition leader Dr. Ibadullah, provincial assembly members Arbab Muhammad Usman, Ahmed Kundi, Arbab Muhammad Umar, Karomatullah Khan, Ihsanullah Khan, Muhammad Iqbal Khan, and 19 other assembly members through Sultan Muhammad Khan and Babar Khan Yusufzai Advocates.
In the petition, the opposition members adopted a stance that they represent different political parties that secured around 30 million votes in the 2024 general elections. They informed the court that in June 2024, the provincial government presented the budget and approved the ADP, which includes some block and umbrella schemes and development projects, violating the law.
The petition argued that the inclusion of these schemes in the ADP is illegal and that the release of funds for these schemes is also against government policy. They claimed that these projects were approved without following the proper procedure and that the government is violating its own policy by releasing funds for these schemes.
The petitioners alleged that these projects were included in the ADP based on favoritism and nepotism, and that opposition members are being discriminated against, with their constituencies not being included in the development projects. They stated that the government is releasing funds to the constituencies of ruling party members while ignoring the opposition members’ constituencies.
The petitioners requested the court to declare the inclusion of umbrella and block schemes in the ADP as illegal and to restrain the respondents from releasing funds for these schemes and distributing them until the petition is decided. They also requested the court to order the government to allocate development funds equally among all constituencies without any discrimination.
