Ch. Imran Hassan Ali has represented a large number of petitioners in three petitions before the Supreme Court of Pakistan. The petitioners were seeking leave to appeal against a judgment of the Peshawar High Court whereby their three writ petitions were dismissed on the technical ground of availability of an alternative remedy. They were challenging the compulsory acquisition of more than 160 acres of their land in Haripur by the Government of KPK. The land was being acquired on the request of Frontier Works Organisation (“FWO”) for installation of a cement plant.
One of the main arguments of the Petitioners was that the Constitution of Pakistan, 1973, and the Federal Government Rules of Business, 1973, only empower the Ministry of Defence to acquire land for defence services. FWO being a formation of Pakistan Army cannot acquire land directly through the agency of a provincal government. Furthermore, installation and operation of a cement plant is beyond the purposes for which FWO was established. Imran also argued that multiple provisions of the Land Acquisition Act, 1894, have been violated by the respondents during the acquisition proceedings. Establishment of a cement plant will also be extremely harmful for the environment.
On 02-12-2019, after lengthy arguments, the Supreme Court agreed to issue notice to the respondents. The Court also issued notice to the Attorney General for Pakistan and the Advocate General for Khyber Pakhtukhwa to appear before the Court at the next hearing and explain the legal status of FWO and the ambit of permissible activities it may engage in.
On 12-12-2019, second hearing of this case took place and, being dissatisfied with the reply of the respondents, the Supreme Court decided to grant interim relief to the petitioners by restraining the respondents from constructing a cement factory on the petitioners’ land till final decision of the case.
On 25-11-2021, the Court expressed its dissatisfaction with the documents filed by FWO as well as the Ministry of Defence, and ordered them to produce the orders of the President under which FWO claims to have been formed.
On 02-02-2023, the Supreme Court finally decided the petitions by holding that the acquired land shall not be owned by FWO. Instead, the land shall remain property of the Government of KPK. FWO cannot mortgage or otherwise create any emcumbrance on the project without approval of the Government of KPK. The project shall not be implemented without first obtaining requisite environmental approvals, permissions and NOCs. Moreover, the project in its entirety shall revert to the Government of KPK after a fixed period.
FWO was being represented by the president of the Supreme Court Bar Association and former High Court Judge, Mr. Ahsan Bhoon.
Update: FWO reconsidered its plan in view of the conditions imposed by the Supreme Court. Eventually, FWO decided to give up the plan and returned the land to the original land owners. The Commissioner issued notification dated 25-09-2023 withdrawing from the acquisition. Necessary mutation of entries in the revenue record have also been effected in favour of the land owners.
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