College property transferred ‘without authority’

The NWFP governor Syed Iftikhar Hussain Shah without legal authority has given the trust property of Islamia College Peshawar (ICP) to the Khyber College of Dentistry (KCD), sources told Daily Times on Sunday.The sources revealed that the campus police station building constructed on Islamia College land developed cracks. The KCD principal requested the government to demolish and transfer its possession to the Khyber College of Dentistry for its extension.“The governor held a meeting with the University of Peshawar vice chancellor and registrar on June 25,2002 in which he decided to hand over the land vacated after demolishing the police station’s building to the KCD,” sources disclosed.He said no invitation to the meeting was given to the administration of the Islamia College Peshawar whose property was the main item on the agenda. However, neither the governor nor anyone else had the legal authority to transfer or sell a trust property to any individual or an institution, he said. The 1937 gazetteer of Peshawar district reads; “ His Excellency the Governor is the patron of the college. All the moveable and immovable property of the Dar-ul-Ulum (College) stands in the name of the trustees, who are a registered body.” According to this the governor is the patron not the owner or competent authority to transfer or sell its property.Similarly section 3(1) of the ‘North West Frontier Province Darul-ulum-i-Islamia-i-Sarhad Act, 1949’ reads; “The provincial government shall immediately assume the administration, management and control of the Darul-ulum-i-Islamia-i-Sarhad, Peshawar, together with all the property which belongs to it or stands in its name.” This section clearly determines the government position regarding status of the ICP’s trust property. It can only administer, manage and control its property and not to transfer or sell.Section-7 of the same Act further clarifies all this as it reads “the provincial government may from time to time frame rules for the efficient administration and management of the Darul-ulum-i-Islamia-Sarhad, Peshawar, and its property.”On April 1, 1954 the ICP was entrusted to the University of Peshawar for administration, management and control but the university itself on various occasion illegally encroached upon its property in clear deviation from the rules and regulations.Ajmal Khan, the then registrar of the University of Peshawar and the incumbent principal of the ICP when contacted told Daily Times, he had attended the June 25 meeting but only demolishing of the police station building was discussed and the transfer of the land was not on the agenda. “When the minutes of the meeting were released it contained the transfer of the Islamia College Peshawar land to the KCD which was in fact not discussed in the meeting. He said the university had made a representation to the governor and they were waiting for his (governor) response.Javid Khan, registrar of the Peshawar University told Daily Times the university had issued 15-day notice to the principal of KCD to vacate the land or face legal action. “Only the syndicate is authorized to make decisions about the transfer of property,” he said. Mr Khan said the university had sold a piece of land to the KCD for Rs 8 million for the construction of a girls hostel. This land is also the property of the ICP trust. However, a legal expert observed the ICP land was not the ownership of the university and even its executive body, the syndicate, could not transfer or sell it. When the principal Khyber College of Dentistry (KCD) was contacted for comments he was not available.
courtesy of Daily TImes Pakistan