Lahore, Mar 31 (PTI) In a setback to the Pakistan Army, the Lahore High Court on Friday suspended handing over more than 45,000 acres of state land on a 30-year lease to the military in the Punjab province.
Punjab’s caretaker government last month allotted 45,266 acres of state land on lease to the Pakistan Army in three districts -- Khushab, Bhakar and Sahiwal -- of Punjab province for the "corporate agriculture farming" on the latter’s "request".
The government cited section 10 of the Colonisation of Government Lands (Punjab) Act 1912 to allot the land to the Army for a 30-year lease.
The Public Interest Law Association of Pakistan challenged the decision in the Lahore High Court (LHC), contending that the government’s notification was “illegal as the caretaker government is not vested with any power to sanction it”.
The LHC’s Justice Abid Hussain Chattah suspended the government’s notification and sought a reply from the ministry of defence and the Punjab government for May 9.
Under the law, the caretaker government can only perform the day-to-day functions of the province.
The petitioner’s counsel said the exercise of powers under section 10 of the Colonisation Act does not fall under any of the categories of permissible actions by the caretaker government of Mohsin Naqvi.
He argued the handing over of the state land to the Army is also in violation of the "Doctrine of Public Trust".
“There is no provision in the Pakistan Army Act, 1952 which authorises or empowers the army to undertake any activity beyond its composition for the purposes of welfare unless the federal government expressly granted permission to do so,” he argued, contending the Army has no jurisdiction to directly or indirectly engage in "business ventures" of any nature outside its composition.