DECEMBER 9, 2022

What is policy, if any, for conversion of Agriculture Land into Housing Societies; question raised by the Supreme Court of Pakistan

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Islamabad 25-03-2024: The Supreme Court of Pakistan while hearing [Civil Petition 4889 of 2018 along with connected petitions] on 20.03.2024 observed that we need to understand the Government of Pakistan’s and the Provinces’ policies, if any, with regard to the following: 

(1)     The advantages to the province/country accruing from conversion of agricultural land for residential/commercial use. 

(2)     Whether those investing in building societies and not utilizing that land assist in generating economic activity, employment and taxable income? 

(3)     Whether land conversions decrease the availability of agricultural land, and if so, whether it adversely impacts food security, and increases dependency on food imports? 

(4)     Who is legally empowered to grant approvals for converting land use and for such projects? 

(5)     Whether   there is any provision for providing land to those with lower incomes, and the poor by providing smaller plots of a few or even  a single marla? 

(6)     Does   not  representative  government   require  that  decisions pertaining  to   such  public  matters   are  brought  before   the peoples  elected representatives? 

(7)     Does such massive land use conversions contribute to environmental degradation, pollution and climate change? 

(8)     The applicability of the Transfer of Property Act, 1882, the Registration Act and Stamp Duty Act? 

The notices are issued to the Government of Pakistan and the Islamabad Capital Territory through the Attorney-General for Pakistan and to the Provinces through their respective Advocate-Generals, and they are directed to submit their replies to the aforesaid queries and may also provide any other relevant information. 

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