2001 PLP 2566 (YLR)

The petitioner was allotted Plot NO.SA-88. . Sector 10 Orangi Township, Karachi by the respondent No.2 having purchased the same in open auction held on 15-4-1980. Though the purchase price. was paid according to the terms of allotment upto 1981, physical possession was not delivered to the petitioner. In 1981 the project whereunder the plot exists was transferred to the respondent No.1. The petitioner kept on approaching various officers in the respondent No.1 but they failed to cause physical delivery of the plot to her. The reason according to the petitioner was that owning to the negligence of respondent No.1 the plot had come under encroachment and the respondent No.1 instead of removing the encroachers preferred to deprive the petitioner of her lawful rights. In response to a notice served upon the respondent No.1 through the petitioner's Advocate the petitioner was shocked to receive a reply to the effect that the Plot No.SA-88. Sector 10 Orangi Township, Karachi, did not exist and no question of handing it over to the petitioner would g possibly arise. The petitioner thereafter approached this Court through this petition. We had called upon the Respondent No.2 to explain how a non-existent plot came to be allotted to the petitioner and how consideration for the same was received. An inquiry was conducted into the matter and .cording to the report of Mr. Akhlaq Ahmad. Director Town Planning of respondent No.2 the plot did exist but had been encroached upon. We, therefore, directed Mr. Akhlaq Ahmad as well as the Director, Orangi Township Project of respondent No.1, to be personally available. Ms. Razia Sultana the incumbent of the office of Director Orangi Township Project of respondent No.1 has candidly acknowledged that the report of Mr. Akhlaq Ahmad is correct and the plot still in existence though it has been presently approached upon. She as well as Muhammad Yasin Kiyani, learned counsel for respondent No.1, have expressed regret over the issuance of the letter, dated 22-6-1999 but have stated that the author has since been removed from service. Be that as it may, we are clearly of the opinion that having assumed all the assets and liabilities of the Orangi Township Project the respondent No.1, is required .by law to deliver physical possession of Plot No.S-88, Sector 10 Orangi Township, Karachi, to the petitioner without unnecessary delay. As requested by Mr. Muhammad Yasin Kiyani we would also add that doing so and removing encroachment upon the plot the respondent No.1 is entitled to use of such force as may be provided by law or seek the assistance of law enforcing agencies. We would according allow this petition with costs of Rs.10,000 (Rupees ten thousand) and direct the respondent No.1 to ensure delivery of the plot the petitioner within two months from today arid report compliance. The petitioner stands disposed of alongwith the listed applicant. H.B.T./N-63/K Order accordingly.