Peshawar High Court (PHC) has given the Khyber Pakhtunkhwa (KP) government six months to address the issues surrounding the industrial estate in Swabi and housing schemes on agricultural land in Charsadda, as reported on July 25.
Details reveal that seven such petitions from Swabi and Charsadda locals were heard by a bench presided over by Justices Ijaz Anwar and Syed Arshad Ali. The chief secretary was given an order by the court to call a high-level conference with senior authorities, which included the director general of the Environmental Protection Agency (EPA), the secretaries of the departments of food, agriculture, and industries, and the Senior Member Board of Revenue (SMBR). To address the petitioners’ concerns, policy decisions about these matters will be discussed and approved by the provincial cabinet during this meeting.
The bench took note of the petitioner’s objections to the taking over of their agricultural land for housing developments and industrial zones. The KP government has published several notifications that forbade commercial activity on agricultural property, as the court pointed out. The bench voiced concerns about the lack of appropriate control surrounding the conversion of vast tracts of agricultural land into commercial and residential projects despite regulatory prohibitions.
The lack of coordination between government departments and the absence of a uniform policy on this matter was criticized. The court also pointed out that SIDB had issued a notification for land acquisition under Section 4 of the Land Acquisition Act without an Environmental Impact Assessment (EIA) from the EPA. There are serious worries regarding the mismanagement of agricultural land as a result of this oversight and the government’s apathy.
The bench recommended that the province government take advantage of the petitioners’ complaints to rectify the situation and deal with the issues at hand. Iftaullah Khan and others challenged the purchase of 15 marlas and 908 kanals of land in Swabi for an industrial estate in the petitions. They maintained that suitable arid land was abundant and that a sizable section of this area was productive and fertile.
A panel headed by Attorney Ahmad Sultan Tareen had been formed by the court to examine the disputed territory. Contrary to claims, the panel found that most of the acquired land was productive. The proposal was defended by SIDB and other respondents, who claimed it would provide jobs in the area and compensate impacted landowners by the law. Additionally, they stated that petitioners could pursue additional compensation by following the proper legal procedures.
Additionally, the court emphasized the importance of conducting thorough Environmental Impact Assessments (EIAs) before proceeding with such projects to ensure the sustainable use of agricultural land. This case underscores the tension between development and preserving valuable agrarian resources.
The outcome of these six months will be closely watched as it will set a precedent for future land acquisitions and the enforcement of environmental regulations in the region. The PHC’s proactive stance highlights the judiciary’s role in safeguarding the rights of citizens and ensuring government accountability in land acquisition matters.
