1994 PLP 68 (CLC)

‑‑‑‑Art. 199‑‑‑Petitioner who had formed a society and got it registered with Assistant Registrar Joint Stock Companies contended that Government had accorded sanction for grant of lease of land to him for a period of ten years for construction of a hospital‑‑‑Petitioner had sought direction in nature of mandamus to Department to execute lease deed‑‑‑Authority had categorically stated that leasing of land in dispute to petitioner would amount to disturbing not less than 50 persons from their dwelling houses‑‑‑Case was remitted to Board of Revenue to pass appropriate order after giving opportunity of hearing to all parties concerned. Ijaz Feroz and Ghulam Sabir for Petitioner. Hakam Qureshi for Respondents. . Rana Muhammad Arshad, AA,‑G. Date of hearing: 28th September, 1991. The petitioner has filed this Constitutional petition seeking direction that the respondents functionaries be directed to execute the formal lease deed. Facts in brief as averred in this Constitutional petition are that the petitioner formed a Society under the name of Azizia Hospital Society, G.T. Road, Baghbanpura, Lahore, on 8‑2‑1987 and got it registered under Societies Act XXI of 1860 with the Assistant Registrar Joint Stock Companies, Punjab, Lahore. It is his case that Government of Punjab accorded sanction for the grant of lease of Nazool land measuring 4 Kanals bearing Khasra No.2 situate at Mauza Achint Garh, Lahore, for a period of ten years for the construction of a welfare hospital. A formal memo. was issued by the Secretary (Colonies) on 16‑3‑1989 directing the Deputy Commissioner, Lahore, to execute the formal deed and register the same at the expense of the petitioner. In consequence thereof the formal possession was handed over to the petitioner through Roznamcha Waqiati dated 15‑11‑1989. The petitioner has sought direction in the nature of writ of mandamus to respondent to execute the lease deed. This grant of lease has been opposed by Mr. Hakam Qureshi, learned Advocate, who has filed C.M. No.320/91 on behalf of certain persons who, according to the averments made in this petition, are in occupation of this disputed plot and. are also paying the rent thereof. The learned Additional Advocate‑General has also taken strong exception to the conduct of the petitioner as is evident from the comments submitted by the respondents. It is evident from the perusal thereof that the petitioner earlier tried to grab Nazool land measuring 10 Kanals, 8 Marlas comprising Khasra No.90/78/8 at Hadbast Rakh Kot Lakhpat, Lahore, for petrol pump and similarly another piece of land of 2 Kanals, 12 Marlas out of Khasra No. 12 at Mauza Kotli Pir Abdur Rehman, Lahore in connivance with the employees of the Department. He has also pointed out that the Deputy Commissioner through his letter dated 1‑4‑1990 has opposed the execution of lease deed as according to him the grant of lease to the petitioner would disturb not less than 50 families from their dwelling houses. I have considered the contentions raised by the parties. I fail to understand under what circumstances the petitioner secured the possession when the lease was not formally executed and registered as directed by Colonies Department, Government of the Punjab. The Deputy Commissioner in his letter numbering Nazool‑90/46, dated 1‑4‑1990 had categorically stated that the leasing of this land would amount to disturbing not less than 50 persons from their dwelling houses. In this background, without dilating upon the facts of this case I remit this matter to the learned Member, Board of Revenue (Colonies), who shall pass appropriate order after giving opportunity of hearing to all the parties concerned. H.B.T./M‑1193/L??????????????????????????????????????????????????????????????????? ??????????? Order accordingly