Staff Reporter Peshawar:
The Government of Khyber Pakhtunkhwa has filed a Federal Constitutional Petition Leave to Appeal (FCPLA) before the Federal Constitutional Court (FCC) challenging a landmark judgment of the Peshawar High Court (PHC) in the long-running Chitral land settlement case.
The impugned judgment, dated November 24, 2025, authored by Justice Wiqar Ahmad, had declined to strike down a controversial 1975 notification issued under the Distribution of Property Chitral Regulation, 1974, which declared all “mountains,” “wastelands,” “pastures,” and “riverbeds” to be the property of the provincial government. However, the PHC simultaneously ruled that the notification was rebuttable in nature and directed aggrieved parties to approach civil courts for the declaration of their proprietary rights.
Under the guise of implementing the 1975 notification, the title of nearly 97 percent of Chitral’s total land mass had been entered in the name of the provincial government, effectively excluding the indigenous population from ownership. This led to widespread discontent and compelled affected residents to approach the PHC in 2019.
The litigation continued for several years and witnessed multiple procedural developments, including the transfer of the case from the Mingora Bench to the principal seat of the PHC by the then Chief Justice, before finally culminating in the November 2025 verdict.
The provincial government has now assailed the judgment before the FCC through the Advocate General, contending that the PHC exceeded its constitutional jurisdiction and misapplied the relevant legal framework.
Reacting to the appeal, Barrister Asad-ul-Mulk, counsel for the Chitrali litigants throughout the proceedings, termed the PHC judgment “a very balanced decision.” He said the court had thoroughly examined the legislative history of Chitral, the functioning of the Chitral Land Disputes Enquiry Commission, and the scope of both the Distribution of Property Chitral Regulation, 1974, and the Settlement of Disputes of Immovable Property Chitral Regulation, 1974.
Barrister Mulk added that the provincial government had accorded a “draconian and confiscatory interpretation” to the 1975 notification, which the PHC judgment had effectively set aside. He explained that the Chitral Land Disputes Enquiry Commission was constituted under the Dir, Chitral and Swat Administration Regulation, 1969, following the merger of the former princely state of Chitral into Pakistan.
“The Commission was mandated to determine only the private and personal property of the ex-Ruler of Chitral and disputed properties of the common people,” he said. “It was never empowered to adjudicate undisputed properties of the local population—an overreach that occurred during the settlement process and was rightly acknowledged and rectified by the PHC.”
Former MNA from Chitral, Shahzada Iftikhar-ud-Din, said the PHC judgment had recognized that the provincial government had exceeded its lawful authority by using the 1975 notification to claim ownership over 97 percent of Chitral’s land.
“This judgment represented a clear victory for the people of Chitral,” he said, lamenting that instead of accepting the verdict, the provincial government was attempting to frustrate the legitimate proprietary rights of the local population through prolonged litigation.
Senior Chitrali elder Inayatullah Aseer described the people of Chitral as small landholders whose ownership rights had been protected by the PHC ruling. He questioned the bona fides of the provincial government’s decision to challenge the judgment and said it could not be justified on legal or moral grounds.
Legal observers note that the case is now set for a decisive showdown before the Federal Constitutional Court, with far-reaching implications for land ownership, indigenous rights, and governance in Chitral. All eyes are now on how the FCC will approach the contentious matter.
