Land Dispute Involving Girls’ Primary School in Jagir: Why Was the Original Landowner Not Compensated? How Was the School Established Without Transferring the Land to the Education Department?

Mansehra (Special Report): The recent operation to vacate the building of Government Girls Primary School Jagir in Mouza Jagir Balola, Tehsil Balakot, and hand it over to the Education Department has raised several important legal and administrative questions regarding land ownership and the establishment of the government institution.
Assistant Commissioner Balakot Aftab Ahmed Awan handed over possession of the school building to the Education Department following the operation. DSP Balakot Cadet Sohail Khan was also present on the occasion. According to the administration, the school building, constructed under the Earthquake Reconstruction and Rehabilitation Authority (ERRA) programme after the 2005 earthquake, had been illegally occupied by Zulfiqar, son of Ali Akbar.
However, the operation has raised a fundamental question: if the school building was constructed on privately owned land, on what legal grounds was the construction carried out without the original landowner’s consent, permission or formal acquisition of the property?
According to a position emerging at the local level, the landowner neither sold the land to the Education Department nor entered into any written agreement for its provision. If this claim is correct, the relevant authorities must explain why the original landowner has reportedly not been compensated to date and whether the land was acquired through the proper legal procedure.
Another important aspect of the matter concerns the ownership status of the land in official records. If the land has still not been transferred in the name of the Education Department and remains registered in the name of a private individual in the revenue record, the legal basis for establishing the school, using the building and exercising administrative control over the property requires clarification.
Undoubtedly, it is the administration’s responsibility to recover a government educational building from illegal occupation. However, it is equally important to examine the ownership of the land and ensure that all legal requirements for its acquisition have been fulfilled. Using a citizen’s privately owned property for government purposes without following the legal procedure, obtaining consent or paying the applicable compensation raises serious constitutional and legal questions.
Key Questions for the Relevant Authorities:
With whose permission and under what legal authority was the land acquired for the construction of the school?
Is there any written agreement between the original landowner and the relevant department?
If the land was purchased or formally acquired by the government, when was the compensation paid to the owner, and what was the amount?
If the land has not been transferred to the Education Department, what is the legal basis for the establishment of the school and the department’s administrative control over it?
Will the district administration order a formal inquiry into the land ownership, acquisition process and compensation issue?
Ensuring continuity in girls’ education and protecting government educational institutions are undoubtedly important responsibilities. However, safeguarding citizens’ fundamental property rights is equally an obligation of the state under the Constitution and the law.