2013 PLP 295 (YLR)

SHAUKAT AZIZ SIDDIQUI, J.

Petitioner, invoked the constitutional jurisdiction of this Court, by way of filing instant writ petition, with the following prayer:-- "Under the circumstances, it is, therefore, humbly prayed that this Hon'ble Court may very kindly be graciously enough to admit and accept this writ petition and directed the respondents to pay forthwith the compensation regarding acquired land of the petitioner or allot him a plot as per his entitlement and fulfil all the formalities in this regard, in the best interest of justice. Any other better and appropriate relief including the cost of the petition, may also kindly be awarded to the petitioner."

2. AND presented the facts as under:-- Petitioner is owner in possession of land measuring 8 Kanals in Khasra Nos. 1427 to 1431, 1434 to 1436 situated at village Saray-e-kharbuza, Islamabad, whereas his whole family including his children and sisters, owned and possessed the land measuring 26 Kanals in the same village. Respondent-CDA acquired land measuring 14944 Kanals and 9 Marlas, including the land of petitioner, in the revenue estates of Sarai Madhu, Sara-i-Kharbuza, Sangjani and Shah Allah Ditta for Sectors C-13, C-14, C-15 and C-16. After proper acquisition of land, an Award was announced by the D.C, CDA on 2-12-2008, and it is clearly mentioned in the said Award that allotment of plot shall be made, within a period of six months, against the land acquired on land sharing basis. Respondents through an advertisement dated 15-11-2009 invited applications from affectees of Sectors C-13, C-14, C-15 and C-16 for allotment of plots against their acquired land. Some of the affectees submitted their applications and fulfilled all the formalities in this regard, but despite lapse of two years, no steps regarding allotment of plots to the affectees have been taken by respondents. Petitioner wanted to sell the land, so that he could arrange money for marriages of his daughters and return the loan amounting to Rs.5,00,000 but as the land of petitioner is bounded under CDA authorities, therefore, he could not do the same. Petitioner, having no other efficacious and alternate remedy, invoked the constitutional juris-diction of this Court, hence the instant writ petition.

3. Learned counsel for petitioner submitted that, unexplained and inordinate delay for payment of compensation to petitioner is unwarranted, illegal, unjust, highly injurious and detrimental to the life, liberty and dignity of petitioner. Learned counsel further submitted that the act of respondents, depriving petitioner from payment of compensation is illegal and unlawful and respondents may be directed to pay forthwith the compensation regarding acquired land of petitioner or allot him a plot as per his entitlement.

4. In compliance of order dated 12-1-2012, CDA filed report and parawise comments. Since very amazing stance has been taken by the Authority, therefore, for convenience, certain paragraphs are reproduced:-- "After announcement of said Award CDA had to prepare the acquisition record, it contacted Revenue Authorities of ICT Islamabad to get the copies of revenue record on basis of which said record was to be prepared, but it took so much time as the record was incomplete and now CDA has received entire revenue record and staff is preparing the acquisition record which is near its completion. Simultaneously other works like topographic survey, planning preparing of maps etc. are also in progress. Said Award has been announced on the basis of CDA rehabili-tation policy 2007, according to which every interested person who is owner of the land a unit of 4 Kanals will be eligible for allotment of a plot 500 Square Yards and "if the land is more or less from said unit then the owner will be entitled to get the amount of cash compensation at the rate of 8,35,000 per Kanal. The process of payments and allotment of plot will be started as the acquisition record other necessary works are completed."

5. It is totally unimaginable that CDA would take such a stance, which looks not only ridiculous but feeble, as well. Certain questions are lurking in my mind with regard to affairs of CDA and mannerism in which affectees/aggrieved persons are being dealt with, which are as under:-- (i) Whether acquisition proceedings initiated, on the basis of any revenue record, if yes, then which is that record? (ii) Whether any survey was conducted before issuance of notification of acquisition? (iii) Whether any list of probable affectees was prepared? (iv) Whether at the time of award, revenue record pertaining to acquired land was examined? If answers to above questions are in affirmative, then stance of CDA furnished through report and parawise comments is nothing but a deception. It is painful to note that CDA officials are in habit of showing slackness, negligence and lethargic attitude, when they perform their duties in routine, but when fuel of bribe is injected, their efficiency becomes alive. The case of present petitioner is crude example of organizational behavior of CDA. Petitioner is being deprived of compensation, even with regard to admitted claim. To my mind petitioner would have been extended benevolence, more than his due, had he surrendered to the demands of irrelevant consideration or alien to law. It is so unfortunate that Civic Body of Capital of Islamic Republic of Pakistan has lost its image, damaged its reputation and evaporated the trust of the citizens. Unfortunately collective and individual approach of the CDA officials is so unpalatable that stink of same can be felt at all levels.

6. It is also common perception that interference by political stalwarts, by way of earning transfers on deputation of their blue eyed persons, lowering down the image of CDA, which is already very bleak. The deputationists enter into CDA with the only object of making money, allotment of plots and stay at Islamabad. These guest appearances would show no loyalty to the organization; therefore, they advance their own agenda and achieve that at the cost of the interest of CDA. Increasing trend of bringing deputationists in CDA brought no dividend to it, on the contrary it disrupted the chain of command, enhanced the culture of disobedience, promoted the corrupt practices, razed the fear of accountability and introduced the culture of nepotism. These type of individuals not only squeeze money for themselves but for their masters, influence of whom brought them to the position, they hold.

7. In this view of the matter, instant petition is allowed. I direct the respondents to provide compensation to petitioner, with regard to his acquired land and all the benefits, which have already been extended to equally placed persons. It is further directed that needful may be done within one month of the receipt of the instant order. KMZ/149/Isl Petition allowed.