The Peshawar High Court has instructed the Khyber Pakhtunkhwa government to resolve, within six months, the issues concerning the establishment of an industrial estate in Swabi by the Small Industrial Development Board (SIDB) and the development of housing schemes on agricultural land in Charsadda.
A bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali disposed of seven petitions filed by residents of Swabi and Charsadda. The bench directed the chief secretary to convene a high-level meeting with officers, including the senior member board of revenue (SMBR), secretaries of the food, agriculture, and industries departments, and the director general of the Environmental Protection Agency (EPA). This meeting aims to formulate a policy to address the grievances of the petitioners with the provincial cabinet’s approval.
In a detailed 10-page order authored by Justice Syed Arshad Ali, the bench noted that the petitioners, who own agricultural property, are resisting its acquisition by the government and private individuals for industrial zones and housing schemes. The court observed that the provincial government had issued notifications prohibiting housing schemes and commercial activities on agricultural property. However, significant agricultural lands have been converted into industrial zones and housing schemes, largely due to a lack of coordination among provincial departments and an absence of a uniform policy.
The bench stated that while the establishment of housing schemes and industrial zones is a policy matter for the provincial government and typically outside the court’s purview, the inaction and oversight by government officials have led to the exploitation of agricultural land. The court criticized the provincial government’s complacency and lack of an Environmental Impact Assessment (EIA) from the EPA in the case of SIDB’s land acquisition.
The court suggested that the provincial government should use the petitioners’ complaints to implement effective remedial measures. In four petitions, Iftaullah Khan and others claimed the government, through the ministry of industries and SIDB, decided to acquire 908 kanals and 15 marlas of land for a small industries estate (SIE) in Swabi. Despite the availability of barren land, the government aimed to acquire fertile agricultural land, which petitioners argued was highly productive.
Another petitioner, Advocate Asif Ali Shah, alleged that fertile agricultural lands in Charsadda district had been converted into illegal housing schemes or used for commercial activities. During the petitions’ pendency, the court appointed Advocate Ahmad Sultan Tareen to commission a report on the Swabi land, which confirmed most of the land was crop-producing.
The respondents, including SIDB, argued that the proposed project would provide local employment opportunities and that landowners would be compensated according to the law, with the option to seek further compensation in court.
