Whose Land Is It Anyway? By Waqar Gillani

Refusal of the NWFP and Balochistan governments to allot land to the military may well be the first step towards provincial autonomy

Pakistan Army came under fire for allotting land to civilians, especially politicians and bureaucrats in Punjab and NWFP in the year 2008. The new year dawned with a surprise move when the Balochistan and NWFP governments cancelled huge land allotments to the country's armed forces. The revenue ministers of the respective provinces told TNS that "this democratic step" was taken as a result of exercising provincial autonomy without worrying about the reaction from Islamabad.

On Jan 12, 2009, the Balochistan cabinet approved the cancellation of 63,000 acres of land in District Lasbela. The following day, NWFP Assembly resolved to cancel the already allotted 3,759 acres in District Nowshehra. The forces required both pieces of land for setting up firing ranges. The Balochistan cabinet also cancelled the agreement to allot 63,000 acres in Hingol Park area to Pakistan Air Force (PAF) and instead decided to construct a dam there. The area lies in the constituency of Balochistan Assembly Speaker Muhammad Aslam Bhootani, who welcomed the decision.

"The decision is a precedent, a step towards exercising provincial autonomy in the interest of the people of the province," engineer Zamarak Khan, Balochistan minister for Board of Revenue, told TNS. "PAF offered the previous government a rate of Rs600 per acre for the land. When the government demanded Rs10,000 per acre, PAF did not accept it," he added. "PAF was temporarily allowed to use the land as firing range." The Hingol Park area, he added, was being used to protect wildlife and other different purposes including agriculture. "The new cabinet unanimously opposed this allotment and Chief Minister Nawab Muhammad Aslam Khan Raisani also supported the cabinet's decision. People of Balochistan have also objected to this allotment." He claimed that armed forces were already using huge area in the same district for other purposes including a firing range. "We want full provincial autonomy without bothering about what centre thinks about it," he expressed.

Habib ur Rehman Tanoli, NWFP minister for revenue, told TNS that the plan was to allot some 3,375 to 3,750 acres to Pakistan Army in Nowshehra where they already have a firing range. The revenue department issued a notification allotting the land to army under Section 4 of Land Requisition Act. "But now we have de-notified this allotment. We and the people of the area have remonstrated against this deal." He clarified that the said land was fertile and being used for agricultural purposes.

"Both opposition and treasury benches opposed this allotment and on Jan 13 lawmakers unanimously opposed the army's plan to acquire this land," he said. Tanoli revealed that the army already possesses as much as 25,000 acres in NWFP, mostly in district Nowshehra. He added that the people of Manki Sharif, Marajay Bahadar Khel, Shailkey etc did not approve of this plan either. MPA from Noshera, Baseer Ahmed, also took a stand on the floor objecting that the land is fertile with a number of products like orange, plum, lemon and apricot besides wheat, maize and other crops. The irrigation ministry opposed setting up firing range on cultivated land at the cost of people's livelihood.

Tanoli termed these two examples of refusing land to the army "healthy and legal." But he also admitted that the army is not being totally refused. "We will offer and arrange barren land as substitute for the army firing range soon," he concluded.

When TNS sought the comment of the spokesperson of the president, Farhatullah Babar, he expressed his ignorance over the matter. He said that he could not comment on the situation unless and until he confirms it himself. "As far as I know, the dispute was not the refusal of land to the army but the allotment of army land to civilians." He further said that Pakistan Army now has denotified that allotment to civilians in Dera Ismail Khan. Commenting on the execution of provincial autonomy he said that it is the provinces' right to take decisions in matter falling in their jurisdiction. "We are for greater provincial autonomy and that is why PPP has proposed a bill on provincial autonomy." He informed that the copy of the proposed bill has also been circulated among other political parties with the purpose that provinces get more autonomy with the abolishment of the concurrent list.

Director General Inter Services Public Relations (DG-ISPR) Major General Athar Abbas refused to comment on the issues in detail: "PAF has taken up the Balochistan issue already. Your further questions will be forwarded to the concerned department of the army."

IA Rehman, director Human Rights Commission of Pakistan (HRCP) said that there is no need to pretend that this issue was "sensitive" because this was just a business deal and nothing else. It is the provinces' right to cancel a deal if they are not offered the demanded price or believe the land can be put to better use.

In 2008, NWFP expressed reservation over the allotment of army land to civilians and politicians in Dera Ismail Khan. The land was reportedly allotted to Maulana Fazlur Rehman, chief of Jamiat Ulema-e- Islam, his aides and relatives. The new Punjab government, headed by Shahbaz Sharif, has also raised objection on the allotment of land by the military to bureaucrats and certain government officials. The Punjab government, after a detailed inquiry, has questioned Pakistan military on the issue and written to the federal government to take strict disciplinary action against the 'rewarded' officials.