The Supreme Court ruled on Tuesday that government-owned cantonment land should be returned to the government since the practice was illegal and violated multiple provisions of the Constitution.
The hearing on the subject of military land being utilized for commercial purposes was resumed by a three-judge bench led by the chief justice and including Justice Qazi Mohammad Amin Ahmed and Justice Ijazul Ahsan.
The chief judge also found an unsatisfactory report submitted by Defence Secretary Lt Gen (retd) Mian Mohammad Hilal Hussain, adding it “says the [illegally erected] buildings have been removed, but they are still there.”
The court ordered him to submit a detailed report identifying the purposes of each piece of cantonment land within four weeks.
The chief justice stated at the opening of the hearing that military territory could not be used for purposes other than defense. “If the area isn’t used for defense purposes, it will be returned to the government,” the top justice said, noting that the government-owned the land.
Cinemas, marriage halls, petrol outlets, housing societies, and shopping malls, according to the top justice, are being built on territory intended for defense purposes. He went on to say, “These [constructions] are not for defense objectives.”
The chief justice said commercial activities were taking place on cantonment lands across the country, adding that residences erected on cantonment land were being sold for Rs100 million, and he asked who would pay for the land to be returned.
Justice Gulzar told the secretary, “Go to Lahore and see how massive marriage halls and grandiose buildings have been built on military land.”
The defense secretary has stated that he will personally visit the location and write a new report with photos. The secretary was instructed by the SC bench to specify which cantonment land was being used for what purpose.
According to the secretary, “commercial activities on military land are also part of strategic defense.” During peacetime, he added, commercial activity on military grounds improves the welfare and morale of the soldiers deployed on borders.
Justice Gulzar replied, “Mr secretary, everything is fine, but where is the cantonment there? There are houses everywhere. if commercial use of land is being termed as strategic then what does the ‘defense’ purposes mean”.
According to the chief justice, the Canteen Stores Department (CSD) has been converted into an open commercial departmental store, and structures are being erected in the cantonment overnight.
According to the secretary, an inter-services committee has been constituted to monitor infractions on military property.
Justice Gulzar added, “Your army officials bought the land, sold it to someone else, and left.”
The CJP inquired about the defense ministry’s plans to reclaim the site, which had been sold several times. He added, “All the land of cantonments must be restored to its original condition.”
Furthermore, he said, “The army is there for the country’s defense, not for doing business.”
Moreover, the Chief Justice of Pakistan adjourned the hearing for four weeks.
