P L D 2014 Lahore 328 (PLP)
MUHAMMAD BILAL SALEEM — Petitioner Versus DEPUTY DIRECTOR DISTRICT HOUSING — Respondent
| Citation | P L D 2014 Lahore 328 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD BILAL SALEEM — Petitioner Versus DEPUTY DIRECTOR DISTRICT HOUSING — Respondent |
Q1: What are the key laws and sections cited in P L D 2014 Lahore 328 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2014 Lahore 328 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2014 Lahore 328 (PLP) (MUHAMMAD BILAL SALEEM — Petitioner Versus DEPUTY DIRECTOR DISTRICT HOUSING — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Asim Mumtaz for Petitioner.
- Ahmad Rauf, Addl. A.-G. along with Muhammad Saeed Akhtar, Deputy Director Housing Jhang for Respondent.
Headnotes / Summary
Art. 199
Allotment Policy of Provincial (Punjab) Government dated 23-12-1986
Allotment of plots to destitute families
Family of deceased government servant
Petitioner was son of deceased government servant, and along with his mother (the widow) was successful drawee in the balloting for allotment of plots
Petitioner impugned decision of Provincial Government, whereby it was held that only one member of the deceased's family could be allotted the plot, which was his mother (widow)
Contention of the petitioner was that he being orphan of deceased government servant, was also eligible for allotment
Family of the deceased government servant was duly accommodated with the allotment of plot in favour of his widow, and by such fact, the petitioner, son of the same deceased government servant, became disentitled to second allotment of plot from the quota
Destitute quota contained a certain percentage of plots reserved for widows and orphans of government servants and if condition of single allotment to one family was not applied, then the quota may be exhausted by multiple allotments to a few families
Tenor of the scheme was not to confer windfall benefit on members of any destitute family but to provide them security of one home in their time of hardship
Constitutional petition was dismissed, in circumstances.
Judgment & Decree
UMAR ATA BANDIAL, C J.
This petition disputes the order dated 26-7-2007 passed by the scrutiny committee for allotment of plots, inter alia, to destitute families pursuant to Allotment Policy of the Provincial Government dated 23-12-1986 ("Policy"). In the present case, the petitioner is the son of a government servant who died in service. He along with his mother were successful drawees in the balloting for allotment of 10-Marla plots to destitute families. The impugned decision holds that only one member of a destitute family is eligible for allotment of plot under the said policy and consequently such plot was given to the petitioner's mother, Mst.Akhtar Rafiq. Presently, the petitioner/successful drawee seeks the impugned order to be set aside to affirm allotment of plot from destitute quota to the petitioner who is orphan son of a government servant. The said claim had gone up to the Provincial Ombudsman who passed the order dated 8-9-2006 noticing that there is no bar on eligibility of different members of a destitute family from being allotted plots from the destitute quota simultaneously. This finding was given on the basis of para 8 of the aforementioned policy which sets out the cases that are ineligible for allotment. Based on that finding the Provincial Ombudsman referred the matter back to the scrutiny committee for considering the case of the petitioner for allotment of a plot.
3. Learned Addl. A.G. submits that the impugned order was passed after reading of the recommendation made by the Provincial Ombudsman. It is based on another provision of the policy, namely, clause 4, which provides as under:-- "Maximum of one plot will be allotted to a Government Servant. In case the wife or dependent children have a residential plot, the husband/father will not be eligibly for allotment of plot and vice versa. The entitlement for plots will be as follows:-- a. Below BPS-16 Less than 10-Marlas b. BPS 16-17 10-Marlas c. BPS 18 and above 01-Kanal.
4. On the strength of the foregoing provision, learned Addl. A.G. submits that allotment of a plot to one family member of a government servant whether spouse or dependent children deprives other spouse as well as dependent children of the same family from seeking second allotment. He submits that the said condition underlies allotment policy and is not a condition of eligibility but a condition of disentitlement. In the present case, family of a deceased government servant, namely, Muhammad Saleem was duly accommodated with allotment of plot dated 28-3-2006 in favour of his widow. By that fact the petitioner son of the same deceased government servant became disentitled to second allotment of plot from destitute quota.
5. The submission made by the learned Addl. A.G. has force because destitute quota contains a certain percentage of plots reserved for widows and orphans of government servants. If the said condition is not applied then quota may be exhausted by multiple allotments to members of a few families. The tenor of the scheme is not to confer a windfall benefit on members of any destitute family but to provide them security of one home in their time of need and hardship.
6. Accordingly, the petition is dismissed. KMZ/M-34/L Petition dismissed.