2016 PLP 2143 (SCMR)

IQBAL HAMEEDUR RAHMAN, J.

This petition is directed against the judgment dated 24.03.2015 passed by the Division Bench of Lahore High Court, Lahore, in I.C.A. No.433/2015 whereby the said appeal of the petitioner has been dismissed by upholding the order dated 20.01.2015 passed in favour of the respondent in W. P. No. 2069/2014 wherein a direction had been given to the petitioner to allot a plot to the respondent according to her entitlement in Block-D, Mohlanwal Housing Scheme and in case of non-availability of a plot in the said Block, to assess fair price of the plot of her entitlement and allocate a plot to her in some other Block of her choice, while compensating her with differential price of the plot.

2. The concise facts are that respondent's land measuring 5 kanals 14 marlas was acquired by the L.D.A./petitioner for Mohlanwal Housing Scheme through an award dated 15.06.1985. That as per the Allotment Policy for Residential and Non-Residential plots in Punjab dated 23.12.1986, exempted plot to the respondent was to be given to her from the land acquired from her, the said land fell in the Block-D of the Scheme, while the petitioner had allotted to her a plot in Block-E which was at a considerable distance from her acquired land. Being aggrieved the same, she filed a writ petition before the High Court asserting therein that in violation of the aforesaid policy she had been allotted the exempted plot in Block which is far away from her acquired land. Her writ petition was accepted by holding that by virtue of the policy a vested right has been accrued in her favour and she was entitled to allotment of exempted plot in the same area which was acquired from her and she cannot be denied the same due to the inaction on the part of the petitioner/L.D.A. Thereafter, the petitioners filed an I.C.A. which has been dismissed through the impugned order while maintaining the order passed in writ petition in favour of the respondent, hence this petition.

3. The learned counsel for the petitioners contended that according to the exemption policy formulated, the petitioners were only required to make efforts to allocate land for the exemptee in or around the land acquired and it was not mandatory requirement that the exemptee plot was to be allotted in the Block where the acquired land was situated and the respondent had been accommodated in Block-E due to non-availability of plot in Block-D.

4. Heard. The petitioners themselves, in the light of the policy, have determined the entitlement of the respondent vide order dated 07.05.2008 in the following terms:- "I have examined the matter of both the parties in great detail. It is hereby ordered that both these parties would be given plots in the area which was initially acquired from them and not far away. The area in Khasra Nos. 5517, 5520 to 5529. I have been told that Mr. Imtiaz Ahmad (Ist party) has already been allotted plot No. 6 Block-D, Mohlanwal. The Allocation Letter of this plot may be with-held and not cancelled. In the meantime, Mst. Sabiha Khanum (IInd party), will be allocated plots in the same area which was owned by her prior to acquisition by LDA and once these allocations are made properly to the satisfaction of both the parties according to their title, the matter will be re-submitted to me and the Letter of allocation made to Mr. Imtiaz Ahmed (Ist party) will be issued. It is also to be ensured that only rightful land owners should be entertained." The learned counsel for the petitioners had pointedly been asked to show any document or policy which specifies that the respondent was to be accommodated according to availability of plots and the petitioners were not bound by the policy of allocating the plot falling within or near the land so acquired from the respondent, but he was unable to point out any such directive or policy which does not bound them from making allotment of exemptee plot in the land acquired from the ex-land owners anywhere else in the scheme other than the land acquired from them.

5. In the light of the policy and determination made by the petitioners themselves the writ petition of the respondent had rightly been accepted by the High Court and the appeal (I.C.A.) against the acceptance of the writ petition has also been rightly dismissed. We are unable to find any justification to interfere in the impugned order. Resultantly, we are not inclined to exercise our jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, therefore, leave to appeal is refused and petition is dismissed being devoid of merits. MWA/L-2/SC Petition dismissed.