ISLAMABAD: Unlike the perception of favouring the Burki family, the Chief Settlement Commissioner (CSC) Islamabad in its order gave the decision against the legal heirs of Iqbal Burki.
Sources said that the legal heirs of Iqbal Burk submitted an application in the Court of CSC Board of Revenue Islamabad in 2020, with prayers to implement the orders already passed by the Notified Officer on 03-12-2013 and upheld by the Islamabad High Court through its judgement dated 07-05-2020 in WP # 292 to 294/2014.
The CSC directed the district collector Islamabad to implement orders as per law on 18-09-2020 and 10-02-2021.
Sources said that the legal heirs of Sakina Bibi had the choice to either go into appeal in the High Court or file a Review Petition in the same court of CSC against these orders. However, they preferred to file a Review Petition before the CSC.
The case was again heard in the same Court of CSC, ICT and during proceedings, some new facts were presented before the court by the petitioners which were earlier never made part of any proceedings.
The legal heirs of Iqbal Burki respectfully accepted those facts and based on that, the case was decided against them on 27-09-2021.
Sources said that it is the legal heirs of Iqbal Burki whose rights and claims have been affected by the orders of CSC, ICT. Thus, the final decision of CSC is against the legal heirs of Iqbal Burki and not in their favour.
They are the ones who are adversely affected by this final order, and they have the right to appeal in the High Court, sources added.
Sharing the detail of this case, sources said that the issue was basically of 1784 Kanals and 2 Marlas of land in village Sarai Madhu, being allotted to the legal heirs of Sakina Bibi in 1957 which was later cancelled by the Additional Deputy Commissioner Rawalpindi on 06-07-1960 and out of that, 313 kanals of land was allotted to Iqbal Burki vide final order dated 15-10-1960. Hence the land to Mst Iqbal Burki was first allotted in 1960.
Against the order of Additional Deputy Commissioner Rawalpindi, Sakina Bibi filed a Revision Petition before Settlement and Rehabilitation Commissioner Rawalpindi in 1960.
The revision petition was accepted while the order of Additional Deputy Commissioner Rawalpindi was set aside, and the matter was again decided in the favour of Sakina Bibi in 1961.
This order of Settlement and Rehabilitation Commissioner Rawalpindi was challenged in the High Court, which remanded the case back to the Notified Officer in 1999.
The CSC Islamabad on the direction of the High Court heard the case of Sakina Bibi and dismissed it in the favour of Iqbal Burki in 2010.
As per the available record, this decision of Notified officer was again challenged in the High Court, which was again dismissed in 2012 and remanded the case back to the Notified Officer for rehearing.
The CSC again heard the case and again decided it against Sakina Bibi and in favour of Mst Iqbal Burki in 2013.
This order of CSC was again challenged in the High Court by legal heirs of Sakina Bibi through W.P # 292 to 294/2014. This writ petition was dismissed against the legal heirs of Mst Sakina Bibi on 07-05-2020.
Sources said that this entire legal case, which is already decided on merit, has been given a political colour at the expense of an upright and honest lady officer Syeda Shafaq Hashmi just for some meagre gains.
