Rawalakot, Pakistan-administered Jammu & Kashmir – May 14, 2025: In a controversial verdict, the High Court of Pakistan-administered Jammu and Kashmir has allowed the construction of a private housing scheme on forest land, dismissing a public petition that challenged the legality and environmental impact of the allotment.
The land in question, located in the Paddat area of Rawalakot’s town limits, comprises 100 kanals (approximately 12.5 acres) of valuable forest land. It was allotted to a private developer under the “Naya Pakistan Housing Scheme” at a nominal rate of just PKR 2,000 per kanal—amounting to a total of PKR 200,000 (around $700).
Local residents became aware of the land transfer only after construction work began. They subsequently filed a writ petition in January 2023, arguing that the land was designated as reserved forest and must be used solely for ecological and conservation purposes. The petitioners offered to pay five times the allotment price to preserve the forest.
However, on April 25, 2025, the High Court dismissed the petition. In its ruling, the court stated that the challenge came too late and was based on selective interpretation of previous Supreme Court rulings. The High Court noted that decisions regarding land use in the public interest fall under the jurisdiction of the state government.
Citing another Supreme Court precedent, the judgment emphasized the importance of transparent procedures in executing public-interest projects, particularly those aimed at providing affordable housing. The court also noted that the petitioners failed to establish themselves as “aggrieved parties” since they had no legal claim to the land.
The court did not address whether the land’s status as forest property was legally changed, or whether environmental regulations and no-objection certificates (NOCs) from the Forest Department were obtained before the allotment.
The judgment stated:
“The land belongs to the government, which has decided to use it for public welfare. Hence, any project initiated in the public interest cannot be halted.”
The ruling also stated that the petitioners failed to demonstrate any legal violation or procedural irregularity in the allotment process.
Contradictions with Previous Rulings
This ruling appears to contradict several previous decisions by higher courts in Pakistan. In August 2023, the Supreme Court barred the Mangla Dam Housing Authority in Mirpur from allotting public-use spaces for private development. Similarly, the Supreme Court revoked the notification for a housing scheme in forest land managed by the Pearl Development Authority (PDA) in Banjosa, Rawalakot—ordering the land to be returned to the Forest Department.
In other cases across Pakistan, the courts have consistently ruled against the conversion of forest and agricultural land for private housing. Notably, in February 2020, the Supreme Court ordered the Sindh government to cancel all illegal forest land allotments and reclaim the properties. In 2018, it criticized the provincial administration for allegedly enabling land grabs, including allotments to Bahria Town and other developers.
Most recently, in November 2024, the Lahore High Court ordered the Punjab government to ban housing societies on agricultural land as part of a broader anti-smog policy.
Environmental Concerns Unaddressed
The latest ruling in Rawalakot has raised concerns among environmentalists and civil society groups, who argue that forest land should be strictly protected amid rising deforestation and ecological degradation in the region. The lack of transparency in the allotment and absence of environmental safeguards have further intensified criticism.
Despite multiple court precedents upholding environmental protections, the High Court’s latest decision appears to open the door to private development on ecologically sensitive land, setting a worrying precedent for similar cases in the future.
