Encroachments on state lands in Chitral

By Islamuddin

Chitral is the biggest district of NWFP covering an area of about 15,000 square kilometers. Only 3% of this land is either under cultivation or built up and the remaining 97% land, comprising mountains, glaciers, forests, pastures, barren land and riverbed has traditionally been held by the people in common (shamilat). The entire population in the catchment areas have historically enjoyed user rights on these categories of lands.
In 1975 the Govt. of NWFP issued a notification to regulate use of the common land (shamilat). Under this notification control over the 97% land, comprising shamilat was given to the state, while the people were allowed user rights subject to state regulations. However, either owing to connivance or political pressure the Govt. machinery was unable to control and regulate the state land.
In 1977 when the PPP Govt. was overthrown, the landed aristocracy shifted its loyalty and became camp follower of Ziaul Haq in return for his support to subvert Bhutto’s Land Reforms. With the active patronage of Ziaul Haq, the judicial process was also manipulated to give legal cover to the encroachments of state land. Official custodians of state property opted to stay on side lines, while landed aristocracy fought out their cases in the courts. With the Govt. keeping out of the legal battles, the Notification of 1975 was not pressed into service until 2005, when the Chitral Dost Alliance made it an election issue. Again in the 2007 general elections the Notification of 1975 was made an election issue by the PPP candidate for the provincial seat. Soon after the election, in march 2007, the provincial Govt. of NWFP issued a circular to the settlement staff of Chitral not to transfer state lands to private individuals.
The people of Chitral have pined great hopes with the coalition Govt. of NWFP. Both PPP and ANP are perceived to be pro-poor parties. Their intention to implement 1975 Notification is a testimony of their commitment. But, as the saying goes, the taste of the pudding is in the eating. The people of Chitral want to see action on the ground. So far no drive has been launched to remove encroachments and reclaim state lands. We have yet to see the state impleading itself in cases involving state property. In fact it is still the other way round. State lands continue to be encroached. Land mafia is again trying to close ranks with the new ruling parties to protect their vested interests and defeat the laws of the land. Any further delay to establish writ of the Government may push it to evacuating state lands through military action.
On the one hand state is being deprived of its property and on the other hand reckless use of the land is pushing Chitral towards environmental catastrophy. Forests and glaciers are disappearing, roads and river leads are shrinking causing floods due to overflow. Land erosion, windstorms and floods have become order of the day. The people of Chitral are looking towards the Govt with expectancy. They are demanding of the Govt. to assert its authority. Encroachments should be removed and closed cases, where the Govt. failed to implead itself in land disputes, should be reopened. In case there are legal impediments, these should be removed through legislation.
The existing situation is simply untenable. How can 99% people survive on 2% land, while 98% land remains out of bound for them due to official apathy? The Govt must establish its writ and restore public confidence in its ability to do justice. It is time to act before it is too late and the suggested action should not confine itself to the reclaiming of the encroached state land but it must also include action against officials and elected representatives who failed to protect Govt. interests.
Chitral offers the promise of becoming the richest district, if it can reclaim its control over the 97% state land, which it can lease out to the local people. At present it is paying hefty amounts to land grabbers for buying sand, concrete and stones from the illegal occupants of river beds for its different development projects in the construction sector. It reflects poorly on the state and the people of Chitral, that a few land grabbers are fleecing them. Before the people of Chitral are pushed to the wall, the state must come to their rescue as well as to establish its own writ.