• Verdict says land acquired for public purpose must retain ‘original use’• Upholds PHC ruling against housing scheme on mill land
ISLAMABAD: In what has been billed as a verdict that may set a precedent for land use policy nationwide, the Federal Constitutional Court (FCC) on Wednesday ruled that land acquired for a specific public purpose — such as industrial development — cannot subsequently be converted into residential housing schemes.
“We… hold that since the land in question was acquired specifically for the establishment of Paper and Board Mills, the petitioner company cannot claim, as a vested, absolute or indefeasible right, its conversion into a housing scheme,” FCC Chief Justice Aminuddin Khan observed in a judgement he authored.
A two-judge FCC bench, headed by Justice Aminuddin and comprising Justice Ali Baqar Najafi, took up an appeal filed by M/s Adil International (Pvt) Ltd against the Sept 11, 2024, judgement of the Peshawar High Court, which had rejected the petitioner company’s plea.
“The ruling will have significant implications since a number of lands initially acquired for industrial purposes have been converted into housing schemes in Punjab, Khyber Pakhtunkhwa and Sindh,” commented a senior lawyer on condition of anonymity.
