The Lahore High Court (LHC) has ruled that the interim government of Punjab lacks the constitutional authority to lease up to 1 million acres of state land to the Pakistan Army for corporate agriculture farming. In a 134-page judgment, Justice Abid Hussain Chattha stated that neither the caretaker government of Punjab nor the armed forces have the legal mandate for such an allocation. The court ordered the return of any land allotted to the military and emphasized the need to educate the armed forces about constitutional and legal boundaries. The judgment was hailed as a victory for democracy and the rule of law by the lawyer representing the petitioner.
Background of the case
On February 8 of this year, the director general of strategic projects of the Pakistan Army requested the Board of Revenue in Punjab to grant 1 million acres of state land for corporate agriculture farming. The military argued that the rising oil and food prices posed a serious challenge to Pakistan’s economy and agriculture sector and that they had the expertise to develop waste barren lands. Subsequently, the Governor of Punjab and the Pakistan Army signed a joint venture agreement to lease the land for a period of 20 years.
The agreement included a profit-sharing mechanism, with 20% of the profits allocated to research and development, and the remaining profit divided equally between the government of Punjab and the army. The decision to lease the land was not made public until an official notification on March 10 circulated on social media, revealing that 45,267 acres of state land in Bhakkar, Khushab, and Sahiwal were being handed over to the army for corporate farming.
Legal challenge and verdict
In response to the notification, lawyers representing the Public Interest Law Association of Pakistan filed a petition in the LHC, arguing that the grant of land by a caretaker government was unconstitutional and illegal. They maintained that the caretaker government’s scope was limited to day-to-day functions and that the military’s involvement in commercial ventures was not allowed under Pakistan’s Constitution. Moreover, they pointed out that the terms “corporate agriculture farming” did not appear in any of Pakistan’s relevant policies or laws.
In its judgment, the LHC found that the Punjab government’s approval to lease land for corporate farming had its origins in a proposal under the China-Pakistan Economic Corridor (CPEC). A ministerial committee meeting held in Lahore amended the terms and conditions, allowing the land to be leased without auction through a single source. The court questioned the lack of recorded minutes and attendance signatures from the meeting. The judgment highlighted that the Constitution and the Army Act made no reference to “agriculture” or “corporate farming,” reinforcing the illegality of the lease.
Army’s perspective and land status
During a press conference, Major General Ahmed Sharif Chaudhry, the director general of the Inter-Services Public Relations, stated that the military’s involvement in making lands more cultivable was subject to decisions made by the provincial and federal governments. The Punjab government claimed that the land being granted to the army was barren and waste. However, a meeting of the Punjab caretaker cabinet referred to the land as “unutilized or with illegal occupants.” Farmers and a divisional forest officer also disputed the claim of barrenness, with some areas already fully cultivated and the inclusion of forest land in the transfer.
Read more: PM Includes Army Chief in Economic Revival Plan to Bolster Efforts
The Lahore High Court’s ruling that the lease of 1 million acres of state land to the Pakistan Army for corporate farming is illegal underscores the importance of upholding constitutional and legal mandates. The court’s decision to return the land to the Punjab government and ensure awareness within the armed forces of their boundaries serves as a victory for democracy and the rule of law. The case sheds light on the lack of transparency and questionable practices surrounding the lease, and it is crucial for the government to adhere to legal frameworks and consult relevant stakeholders when making significant decisions that impact land use and agriculture.
