ISLAMABAD - The Supreme Court (SC) has summoned original record from DCO Dir within 30 days in respect of 77 years old case pertaining to occupation of 456-kanal land by peasants of Khan of Mabzole.
Presiding over a three-judge bench Tuesday, Justice Jawwad S Khawaja remarked: “Over 40 years have already been spent in the case and if the case is sent to high court again then it is feared that it will take 40 years more. Therefore, he will decide the case. It is essential to see the original record of the case in this regard. Sometimes, generations have to suffer for a wrong decision of ancestors.”
Counsel for petitioner Shahzada Muhammad Akbar told the court that the elders of Akbar Shah Shahzad had filed application for acquisition of 560 kanals land against Khan of Mabzole, Dir state in 1917. The peasants of Khan of Mabzole kept on occupying the land even after Pakistan came into being. A commission was appointed with reference to land matters when the states of north areas announced to annex with Pakistan in 1969. The commission gave decision in favor of Akbar Shah Shahzada. Interior secretary also gave decision in favour of Akbar Shah Shahzada. As the land is under the occupation of the peasants still therefore, orders be issued for their eviction. A petition in this respect had earlier filed in SC in 1997.  The SC had referred back the petition to Peshawar High Court and high court had given decision in favor of original owners on April, 18, 2008. An appeal plea was filed in SC against high court decision. The court heard the case.
Justice Jawwad S Khawaja remarked: “Four generations have passed. Federal Land Commission had reviewed and decided the case on December, 11, 1947. 32 respondents were also not made party. Only statements cannot serve the purpose. We want to see the original record.
The land was allotted to Musharraf Shah grandfather of Akbar Shah Shahzad in 1917. The court adjourned the hearing of the case for 30 days.