Lavi power project: compensation paid to individuals for ‘state land’
By Nasir Mehmood (Drosh)
In the year 2009, a dispute regarding grazing land (Lasht Dap) spreading over several hundred kanals propped up in village Lavi of tehsil Drosh and a litigation started in the court of law. After due process of law, recording statements of witnesses and on the light of other documents on 29/10/2010 Judicial Magistrate/Civil Judge Drosh declared the disputed land as a state property under 21/07/1975 notification and the judgment is still intact. The land also consists of a playground for children and is a grazing land for the local community.
Recently, work on the Lavi hydel power project has been started and this state property provided more than 100 kanal of free land to the provincial government because roads and outlet dams as well as shelters for the will be constructed in this area. Hence billions of rupees of the provincial government have been saved due to this free land available to be used for different purposes such as construction of roads, dams and many other purposes for the project.
At the same time it came into the notice of villagers that Land Acquisition Department Chitral in collaboration with settlement department had clandestinely allocated compensation in the name of some individuals against this state property and payments were at the final stage. If the matter is true it is a gross violation of 29/10/2010 Judgment of Civil Judge Drosh in which the land had been declared as state property.
If compensation is given to certain individual on account of this state property it will provide an opportunity to the individual to encroach the land and state of Pakistan will be denied precious land of more than several hundred kanlas as well as 300 households of Lavi will be denied from their common pasture and grazing area. If any compensation is paid to any individual against this common/state property it will also result serious state of uncertainty in the village and perpetual law and order situation will arise in the area.
People of the village also reserve the right to appeal to the chairman National Accountability Bureau and the chief justices of Pakistan and Peshawar High Court and other relevant forums to take action against the officials of the settlement department and land acquisition department if any payment was made to any individual against the state and common property. Because it is tantamount to disloyalty on the part of government servants taking all benefits from public exchequer and compromise on the interest of the state and provide benefit to any third party at the cost of government.
In this connection, the deputy commissioner and the Land Acquisition Department Chitral are appealed to immediately stop compensation of any payment against this state property to any individual and protect this property from encroachments.
The deputy commissioner is also requested to conduct a comprehensive inquiry into the matter through honest and professional officials so that the issue can be resolved on the basis of the 29/10/2010 court order. The chief minister, chief secretary KP and the commissioner Malakand Division are also requested to take immediate action for protection of state properties. Officials of the Settlement Department are real custodians of state properties and they must play their role to protect state properties from encroachments instead of facilitating land mafia.
If any government official awarded compensation to any party against the said grazing land which has been declared as state property under 1975 notification by Civil Judge Drosh on 29/10/2010 judgment, people of the village consisting up to 250 households will file reference against the said officials in National Accountability Bureau (NAB), Ehtisab Commission KP, Supreme Court of Pakistan, Peshawar High Court and Anti Corruption department. The matter is extremely sensitive and people of the village are fully aware of the development which are taking place in this respect. If billion of rupees arise as compensation from state land it will be a good saving for the provincial government which is in serious financial crisis. Instead of providing saving to provincial government, officials are trying to snatch funds from provincial government exchequer which is in dire needs of funds. Secondly if the compensation is legally payable to the people it must be divided among 250 households on equal, transparent and fair basis, instead of awarding to single or a few individual clandestinely. If officials of relevant department conducted any deal with any party regarding the said land after keeping whole villagers in dark then there will be serious repercussion of the matter and law and order situation will also arise, in such situation the whole responsibility will be on district administration and the officials of settlement department who are allegedly making such a deal clandestinely. People of the village brought this issue into the notice of all stakeholders like settlement officer Chitral in the past through multiple letters photocopy of the letters are available, Deputy Commissioner Chitral, AC Chitral and other stakeholders. All the stakeholders and high-ups are humbly requested to take this matter seriously and resolve it on the basis of court order of 29/10/2010, because it is a matter of life and death for whole villagers of Lavi.
People of Lavi has strong reservation against this decision and they unanimously demand that the said state property is common grazing land of local community and if there is any compensation arise, it should be divided among the whole members of community on equal basis instead of awarding to a few individual. People of lavi also resist any encroachment on the said land which is grazing area as well as single play ground for the youth of the whole village. If any party encroach on this land then youth of the village will also lose their single play ground which will result negative impact on the social life of local youth. Honorable Deputy Commissioner Chitral is humbly requested to take serious notice of the issue, Chief Minister KP, Chief Secretary KP and other high-ups are also requested to take serious notice of the issue because it is very crucial issue for local community. The matter should be resolved on the basis of court order/judgement exists regarding this land which clearly define rights of the villagers with regard to this land.
Patwar ka kamal, jab tak patwari system maujod hay, ya karishma hotay rahanga.
After introduction of Settlement department in Chitral these Mal-practices came to Chitral which did not exists in the past. If government desire to control corruption in Chitral with regard to land then settlement department should be abolished from the district. Before introduction of settlement department in Chitral there was no precedence of selling state land to third party. Chief Minister KP control corruption in the province if settlement department and PATWARI system is abolished for ever. Na raha bans na baja bansri. Such stories of land scam were highlighted in media in case if Sindh and Karchi where land mafia is very strong but this time even in Chitral the same practices started due to settlement department.
Andar nagri Chopat raj, is gar ko ag lag gai gar ka chiragh say. In Pakistan everything is possible and you can expect anything from the people who are responsible to protect interest of the state. Just imagine that officials of provincial govt trying to dole-out precious state land for their personal pecuniary benefits. Ya Allah Pakistan ko is qasam ka zalim logon sa bachaya. High ups should take action against the people who are involved in this matter.
If the person betray its benefactor then people like Mir Jaffar and Mir Sadiq are born in the history and destroy entire nation. In this case the same situation has been repeated, the people who are responsible to protect state land had demonstrated disloyalty to the state, therefore strict disciplinary action should be taken against them under E&D rule 1975.
This is real breach of trust and article 6 should be imposed on those officials of settlement departments and Land Acquisition department who actually facilitated individuals to grab state land through this tactics. This is high treason case in which state officials demonstrated disloyalty to the interest of state. Deputy Commissioner Chitral should initiate disciplinary action against those officials who are involved in this big scam and they must be terminated from government service. Because they will again do the same tactics and will sold state land to any person in future. National Accountability Bureau (NAB) Should also take notice of the issue and inquiry should be started against the officials involved in this big scandal.