1983 PLP 1258 (SCMR)

NASIM HASAN SHAH, J.‑‑‑An area measuring 31 Kanals 12 Marlas 86 sq. Ft. of urban land situated in Nawan Kot, Lahore, was allotted to one Rasool, the predecessor‑in‑interest of respondents Nos. 2 to 5 herein. The petitioner herein challenged this allotment by filing a Writ Petition (W. P. No. 137‑R/1980) before the Lahore High Court submitting that the said area could not have been allotted to him, as Pacca houses bad been built thereon furthermore, 12 Kanals thereof was covered by "Nasir High School for Boys" and "Nasir High School for Girls", while two Kanals were under the Servant Quarters of the Anjuman running these schools and 13 Marlas were under the residence of the petitioner. A learned Single Judge of the Lahore High Court (A. S. Salam, J.), by his order dated 13‑6‑1979, held that the allotment in favour of Rasool was, indeed, without lawful authority and was of no legal effect because Rasool was entitled only to the allotment of agricultural land and not of constructed area or potential building sites. Aggrieved by the judgment of the learned Single Judge of the High Court, Rasool filed an appeal (I. C. A. No. 304 of 1980) to challenge it. The appeal was heard by a Division Bench of the same High Court. It was held by the said Court that the petitioner herein bad no locus standi to file the Writ petition being a tresspasser on the land and further that the land allotted to Rasool could not have been allotted to him because the relevant date according to the Rehabilitation Scheme for determining whether the land was urban or rural was the use to which it was being put on the 15th August, 1947, and not the use to which it was being put today. However, in view of the concession made by Rasool before the learned Judges of the Division Bench that the area actually covered by the Schools may be transferred to Anjuman running them, the Division Bench, while recalling the order passed by the learned Single Judge and holding that the allotment made in favour of the aforesaid Rasool shall be maintained, directed that an area measuring 5 Kanals, over which the Schools stand constructed, shall be excluded therefrom and the matter of transfer of the said area to the institution running the Schools shall be taken up by the Notified officer under the relevant law. The appeal was decided in the above terms. The petitioner herein, feeling dissatisfied with the above decision, has come to this Court with this petition for leave to appeal. The learned counsel appearing on behalf of the petitioner submits that since 5 Kanals, which have been found transferable to the Schools, consist only of the built up portion over which the Schools stand constructed and does not include any for playgrounds, the order of the learned High Court requires modification, so as to allow sufficient area as play grounds for the Schools. The learned counsel for the petitioner, however, was unable to satisfy us as to how be was entitled to the transfer of any area out of the Ian that was allotted to Rasool and merely because Rasool was considerate enough to allow the area covered by the School buildings to be transferred to the institution running them, how this concession would entitle him t demand further concessions. We, however, see some force in his submis sion that a School without a playground can hardly be described as school. The Notified officer, who will be taking up the matter of transfer of the area, over which the schools stand, will, we have no doubt, bear this aspect in mind and see that some space is provided as a playground for the children and if in doing so a few Kanals of land are added to the area to be transferred to the schools, we are sure that the heirs of Rasool will have no objection, when their late father has voluntarily conceded to the principle that the schools may continue to run in their existing location. This petition, with the above observations, stands disposed of: M. Z. M. Order accordingly.