Humayun Khan
PESHAWAR: The divisional bench comprising of Chief Justice Peshawar High Court and Justice Faheem Wali has set aside Section-4 imposed by Deputy Commissioner Swabi on one thousand Kannal agriculture land for Small Industrial Development Board (SIMDB) and suspended all activities in the area, on Tuesday.
The writ petition was filed by Iftitah Ullah Khan and Zahirullah while their counsel Rahmanullah Shah Advocate and Additional Advocate General Syed Sikandar Shah appeared before court.
During hearing Chief Justice Qaiser Rashid remarked that SIMDB is acquiring agriculture land for industrial purposes while established industrial estates and added that Gadoon Industrial Estate become graveyard of factories. The chief justice remarked that court should not allow SIMDB for establishing industrial estate on agriculture land and added that only agriculture land is easily available because housing societies are establishing with swing. He added that agriculture land was destroyed for motorways while compensation did not provide as per market value to owners.
Subsequently, Chief Justice remarked that public has been exploited in the name China Pakistan Economic Corridor (CPEC) and added that the country is facing shortage of vegetables despite an agriculture nation.
The counsel for petitioner Rahmanullah Shah Advocate informed PHC that on requisition of SIMBD, Deputy Commissioner has declare one thousand Kannal land in front of Swabi University despite Rs,24 billion had expenses claimed by irrigation cannel constructed with title Paihor canal.
The counsel argued that provincial government had issued notification that agriculture land can only be utilize for agriculture purposes neither for other any other purpose. He further added that SIMDB has made requisition on agriculture land on political pressure. However, Chief Justice inquired from Additional Advocate General present before court that what kind of policies are formed by government because firstly motorway was established on agriculture land while compensation provided was minute. He added that public did not holding paisa for purchasing of vegetable despite an agriculture country.
Moreover, Chief Justice directed that SIMDB to visit Gadoon and other industrial estates and operationalize it before establishing new estate. Justice Qaiser Rashid remarked that Pakistan is very rich country but unfortunately wrong policies had compelled the nation to obtain aid from international community. The two-member bench of PHC has suspended DC orders, Section-4 and all activities in the area and adjourned further hearing.
