P L D 1975 Lahore 586 (PLP)

Kh. Ghulam Qadir for Petitioner. Farooq Zaman for Respondent. Dates of hearing : 14th, 15th, 18th and 26th November 1974. This petition under Article 98 of the Constitution of Islamic Republic .of Pakistan, 1962 is directed against the issuance of notice under section 30 of the Punjab Development of Damaged Areas Act, 1952 dated 5th of September 1962, by the Lahore Improvement Trust, Lahore, to the petitioner. The plot in question was purchased by the petitioner in an auction which was confirmed on 27-5-1960 and a P. T. D. was issued on 14th September 1963.

2. Learned counsel appearing on behalf of the Lahore Improvement Trust concedes that so far as the acquisition of the evacuee property is concerned the sanction of the Central Government is awaited and has not been made available up till now. Even the properties of the locals have partially been acquired since there stand upon those plots buildings in which people are residing and no alternate accommodation has been made available to them in order to acquire the properties.

3. The scheme was framed in the year 1950 under section 4 of the West Pakistan Damaged Areas (Development) Ordinance, 1948. According to the learned counsel who is assisted by the staff of the Lahore Improvement "Trust present with the record none of the properties was acquired under this Ordinance for the scheme. The Ordinance was replaced by the Punjab Development of Damaged Areas Act XV of 1952. Section 4 of the Act pro vides for framing of a scheme or schemes by the Lahore Improvement Trust. Section 7 of the Act deals with the acquisition of the damaged areas through Collector and section 13 relates to the execution of the scheme by the Trust after obtaining possession. Then it provides the machinery for. assessment of compensation and resolving disputes of compensation by the Tribunal. Section 30 speaks of consequences of erection in contravention of the --sanctioned scheme and demolition of unauthorised constructions etc. Learned counsel appearing on behalf of the Lahore Improvement Trust, vehemently argued that even if the property is not acquired the Trust has authority under section 30 ibid to issue notice for demolition of any building erected not in accordance with sanctioned plan situated in the area of the scheme for the damaged areas and according to him since the temporary sheds have been raised on the site without any sanction by the Trust, they have the right to demolish the same. I am afraid the argument rat 'by the learned counsel is fallacious for no scheme can be implemented in an, area which is not acquired and possession delivered to the Trust The interference by the Trust in such a case would be absolutely without lawful authority for even if the schema does give the power to the Trust to demolish the unauthorised construction it conflicts with the Act and in such a case the Act is to prevail and the scheme to that extent shall b void. The learned counsel for the respondent admits that there are on two Plots Nos. 9 and 10 in the area which were vacant and on which some temporary construction has been raised and the Trust wants to demolish those constructions. It is further conceded that these two plots one of them belonging to the petitioner have not been acquired so far by the Lahore Improvement Trust.

5. After discussing the legal position I am clear in my mind that the Trust cannot demolish any construction raised on the plot of the petitioner, for it has neither been acquired under the Act nor possession obtained by' the Trust. As a consequence thereof the petition succeeds and the no is struck down. The petitioner shall have his cost of this petition. S. A H Appeal allowed