Supreme Court Hears Constitution Petition No. 44 OF 2011
Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Constitution Petition No. 44 of 2011 (Abdul Ghaffar Khan (decd) through L.Rs Vs. Federation of Pakistan and others).
Mr. Sanaullah Zahid, ASC appeared on behalf of petitioner while Mr. Dil Muhammad Alizai, DAG, Syed Arshad H. Shah, Addl. AG KPK, Ch. M. Yaqoob, J.S. M/o Defence, Mr. M. Hussain Shahbaz, Director (Legal) and Mr. Niaz Muhammad, DOR, Swat appeared on behalf of respondent.. The bench heard the case today i.e. 27.01.2012 and passed following order:-
“It has been informed by the District Officer (Revenue and Estates) / Collector, Swat, vide report dated 25.01.2012, that physical possession of vacant fields/orchards has been handed over to the Special Attorneys of legal heirs of Late Abdul Ghaffar Khan, namely Ejaz Ahmed Khan S/o Sher Afzal Khan and Aurangzeb S/o Zor Talab Khan, Residents of Kota Tehsil Barikot, District Swat. Details of the property have been given in the said report, which shall be read as part of this order for the convenience.
2. Learned counsel for the petitioners along with Muhammad Saleem, one of the petitioners, has appeared and confirmed qua taking over peaceful possession of the property. The same statement has also been made by the learned Additional Advocate General, KPK.
3. The learned Deputy Attorney General has appeared and submitted parawise comments on behalf of Ministry of Defence. He has explained that possession of the property in question was temporarily taken over from the petitioners when their family became IDPs.
4. For the reason that peaceful possession of the property, description whereof has been given in above-mentioned report, has been taken over by the petitioners, which fact has also been confirmed by learned counsel for the petitioners, under instructions, and the learned Additional Advocate General, KPK as well as an affirmative statement has been made by the learned DAG that possession of the property was taken over from the petitioners in order to safeguard their interest at the time when they became IDPs during Swat operation, no further action is called for. Accordingly, the listed petition stands disposed of”
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