2009 PLP 858 (MLD)

The alleged contemners say that they were present on the last date of hearing uptill 1-00 p.m. and rest of the matters, fixed on the said date, were discharged. This has been confirmed by Mr. Manzoor Ahmed, EDO (Law). In the circumstances, the bailable warrants, issued against them, are hereby recalled. 1 to

5. The petitioner says that vide order, dated 25-5-2007, the City District Government, Karachi ("CDGK") was directed to allot an alternate plot to the petitioner within fifteen days and report compliance, upon surrender of his plots in Hawksbay Scheme and Gulistan-e-Jauhar. At that time the petitioner had stated that he had already surrendered both the plots to the CDGK and he will not have any right or claim over the plots originally allotted to him either in Hawksbay Scheme or subsequently allotted to him in Gulistan-e-Jauhar. Thereafter, the CDGK filed Civil Petition bearing No.49-K of 2007 before the Hon'ble Supreme Court, of Pakistan, which was disposed of on 18-7-2007 by directing that the CDGK's contention i.e. allotment of alternate plot to the petitioner could not be effected in compliance of this Court's order, since the petitioner had not surrendered the documents of his earlier allotment. Hence it can be agitated before this Court for proper appraisal and disposal of this petition. Today, Mr. Manzoor Ahmed, EDO (Law) has stated that the CDGK is willing' to re-allot original plot, allotted to the petitioner's son namely Babar Saeed Khan, bearing Plot No.B-35, measuring 400 square yards, situated in Sector 11-A of Hawksbay Town, Karachi, in lieu of the plot allotted to his son in Gulistan-e-Jauhar. According to Mr. Manzoor Ahmed, EDO (Law) in fact, the plot in question was never allotted to the petitioner but to his son. When faced with the situation, the petitioner has stated that according to the order, dated 10-4-2007, the petitioner was directed to surrender the documents of the plot in Gulistan-e-Jauhar as he had already surrendered documents of the plot in Hawksbay Scheme, whereafter the CDGK, was to give him an alternate plot. According to the petitioner, the plot in Hawksbay Scheme is unsuitable as it is not developed at all. The petitioner, therefore, states that now he is willing to surrender the documents of the plot in Gulistan -e-Jauhar as the same is amenity plot. In so far as the plot being in the name of his son is concerned, he says that he has power-of-attorney from his son authorizing him to file his petition. We have heard petitioner in person and learned counsel for the respondents as well as perused the order, dated 18-7-2007, passed by the Hon'ble Supreme Court of Pakistan in the above-referred Civil Petition and order, dated 10-4-2007 of this Court. We have seen that per order, dated 10-4-2007 this petition was disposed of by directing the CDGK to allot the petitioner an alternate plot as the one, allotted to him, in Gulsitan-e-Jauhar was an amenity one which could not be converted for residential use per the settled law. Similarly, the Hon'ble Supreme Court of Pakistan in its order, dated 18-7-2007 has observed that as the documents has not been surrendered by the petitioner, therefore, this ground could be taken up before this Court. Today, the petitioner is willing to surrender the documents of the plot in Gulistan-e-Jauhar and the CDGK is willing to restore the original plot, allotted to his son in Hawksbay Scheme. In our opinion, the petitioner has no vested right to get the alternate plot of his choice whereas the CDGK is willing to restore the original plot, allotted to the petitioner. The petitioner cannot say that he will not accept this offer. Furthermore, it is brought to our notice that the said plot was given in balloting to the petitioner's son. In the above circumstances, we dispose of petition and all the listed applications by directing the petitioner to surrender the documents of the plot in Gulistan-e-Jauhar whereafter the original plot, allotted to the petitioner's son in Hawksbay Scheme, shall be resorted to the petitioner's son. Insofar as the technical objection, raised by Mr. Manzoor Ahmed, EDO (Law) regarding filing of the petition by the petitioner whereas the plot in question pertains to his son, we would condone the same as the petitioner is a layman and today he has filed a copy of registered Irrevocable General Power-of-Attorney in his favour from his son vis-a-vis Hawksbay Plot. H.B.T./M 61/K Order accordingly.