CHITRAL: Peshawar High Court has announced it’s long awaited  decision on the 1975 Notification. The said notification converted Chitral’s traditional communal pastures and unoccupied lands into state property, replacing centuries-old customary ownership with government control. On behalf of the people of Chitral, Barrister Asad-ul-Mulk, Dr. Adnan Khan and Muhibullah Tarichvi pursued the case.

According to the detailed judgment of the Peshawar High Court, following findings are worth knowing and noting:
1. The 1975 Notification cannot be struck down as it is issued under a Regulation which features in Schedule I of the Constitution and as per Article 8 of the Constitution even if the same violates fundamental rights it cannot be challenged or declared ultra vires.
2. The 1975 Notification has been re-interpreted. The 1975 Notification which was hitherto treated as an irrebuttable presumption is actually a rebuttable presumption and therefore can be displaced.
3. The Civil Courts have the power to declare a property to be private property notwithstanding it being a mountain, barren land, waste land etc. provided evidence of title in the shape of possession or documentary evidence is forthcoming. In such cases the 1975 Notification will not operate as a bar.
4. The Report of the Chitral Land Disputes Inquiry Commission does not contain the details of all private properties. There are and can be private properties over and above those mentioned in the Report. .. CN report, 16 Dec 2025