2017 PLP 1748 (YLR)

MUHAMMAD FARRUKH IRFAN KHAN, J.

This order will deal with and dispose of the above cited Crl. Orgl. as well as Writ Petition No.7184/2015 as both relate to the same controversy. In the criminal original the petitioner has prayed for initiating contempt proceedings against the respondents as they willfully and contumaciously did not comply with the order of this Court dated 20.01.2015 while in the writ petition an injunction was sought against the respondents to restrain them from putting in auction the two plots falling in Block-D of Mohlanwal Housing Scheme, Lahore advertised in Daily 'Jang' dated 2nd of March, 2015.

2. Concisely the facts of the controversy in hand are that the petitioner's land measuring 5-Kanals 14-Marlas was acquired by the LDA through Award dated 15.06.1985 for the purpose of establishing a residential colony by the name of Mohlanwal Housing Scheme, Lahore. As per policy of the LDA, the petitioner was entitled to get an exempted plot of one Kanal on her acquired land as per her choice. Accordingly petitioner demanded plot in Block-D of the aforesaid scheme. But the respondents allotted her a plot in Block-E which was at some distance from her acquired land on the pretext that no plot was available in Block-D. Being aggrieved against this action of the respondent LDA the petitioner filed writ petition bearing No.2069/2014 which was allowed by this Court on 20.01.2015 with the following directions:-- "Respondents are directed to allot the plot to the petitioner according to their policy in block-D. In case of non-availability of plot in the said block, respondents are directed to assess fair price of the plot in the said block as per her entitlement and allocate the plot to her in some other block of her choice while compensating her with the differential of the price of a plot of same dimension in block-D with the plot in block where she would be allocated the same."

3. The respondents did not comply with the above order of this Court and filed an Appeal bearing I.C.A. No.433/2015 but the same was dismissed vide order dated 24.03.2015. Still the respondents did not redress grievance of the petitioner as per directions of this Court rather offered plots No.5 and No.10 of one Kanal each in Block-D of the aforesaid housing scheme for public auction through advertisement in Daily 'Jang' 02nd March, 2015 which constrained the petitioner to file the instant petitions for initiating contempt proceedings against the respondents and to restrain them from auctioning the aforesaid two plots of Block-D. In the meanwhile the respondents filed a Civil Petition No.1423-L/2015 in the Hon'ble Supreme Court of Pakistan against the order of this Court which was also dismissed vide order dated 11.03.2016 holding as under:-- "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."

4. During the proceedings of the instant petition on 09.12.2015, the respondents reiterated their stance that no plot is available in Block-D. They, however, offered to give plot No.55 in Block-B to the petitioner to which the petitioner showed her inclination. This Court, therefore, directed the respondents to complete the codal formalities and allot the said plot to the petitioner within next 15 days. On 16.02.2016 when the matter came up before this Court for hearing, the respondents retracted from their above offer and their learned Legal Advisor offered explanation that infact a mistake had occurred on part of the respondents while giving undertaking in respect of plot No.55 in Block-B as, according to them, on physical checking it was found that the aforesaid plot had already been transferred to one Wasim Ahmed on 04.06.2012. At this juncture learned counsel for the petitioner pointed out that in their letter dated 11.01.2016 which is signed by respondents Nos.2 and 3, it is mentioned that aforesaid plot No.55 in Block-B, Mohlanwal Housing Scheme has been allocated in favour of one Ata Muhammad son of Sher Muhammad. Learned counsel for the respondents, however, tried to justify their action by stating that in the said letter the respondents had indicated the name of the person to whom the said plot was allocated originally but now it has been transferred to aforesaid Wasim Ahmad. In this view of the foul play and hood wink which the respondents were playing, this Court was left with no other option but to call the Director General, LDA personally along with the relevant record. At the same time it was desired that a permanent D.G. of LDA should be appointed by the Government of Punjab, as the current D.G., Mr. Ahad Khan Cheema was holding this post additionally as originally he was posted as the Chief Executive Officer, of Quaid-e-Azam, Thermal Power (Pvt.) Ltd. (QATPL), thus this Court could not comprehend as to how such an important post, which was concerned with the rights of over 12 million citizens of the metropolitan city of Lahore could be looked after on a part time basis by an officer whose main posting was on a project which was also of extreme public importance located at a distance of about one hundred fifty Kilometers away from Lahore.

5. Today learned Advocate General has produced copy of Notification No. SI.2-2/2016(A) dated 26.04.2016 according to which Mr. Nabeel Javed has been posted as Director General of LDA and Mr. Ahad Khan Cheema, has been relieved of the additional charge of Director General, LDA. A copy of letter No.DLD-III/275 dated 25.04.2016 has also been produced whereby same Plot No.55 measuring 01-Kanal in Block-B, Mohlanwal Scheme, Lahore has now been allotted to the petitioner. A copy of the said letter has also been handed over to the petitioner's counsel who feels satisfied and does not press the matter further.

6. Although contempt of this Court has taken place a number of times in the course of this sordid story of usurpation of rights and property of a private citizen and then demonstration of stark high handedness of the executive and functionaries to compensate the citizen adequately and properly, however, as grievance of the petitioner has been redressed, therefore, this Court in its utter wisdom is not proceeding further with the Contempt Petition against the respondents, by showing grace and mercy to them with the expectation that they would remedy their error of ways. The Contempt Petition is disposed of accordingly. However, as the petitioner has been suffering the agony of unnecessary litigation for the last more than two decades due to malicious conduct of the respondents, she would be at liberty to seek damages against the respondents for causing her constantly mental torture and pecuniary loss and loss of opportunity in denying to her what was legitimately hers. As the grievance of the petitioner has been redressed, her learned counsel, therefore, also does not press further W.P. No.7184/2015 which is also disposed of as having been fructified. However, this Court must observe that a majority of people of Lahore Metropolitan are facing tremendous difficulties and miseries at the hands of the corrupt and dishonest officers/officials of the LDA who are indulging in fraudulent practices of tempering with the original files, preparing bogus ownership documents and misappropriating the record of LDA. Mr. Ahad Khan Cheema, Director General of LDA who is present in the Court, admits the element of corruption and malpractices in the LDA. He informs that 80 employees of LDA have been dismissed from service while 14 removed from service and 22 retired compulsorily. It means that the LDA Department is infested with dishonest and corrupt officials. Though, he submits that during his four years tenure as D.G., LDA he has undertaken various steps to eliminate corruption and corrupt practices prevalent in the LDA yet to the mind of this Court removal of a handful of employees would not serve the purpose unless the record of properties is not properly secured manually as well as electronically by retaining a scanned copy thereof, beyond the access of unscrupulous officers/officials. The institution of LDA, therefore, requires restructuring and re-organization on modern principles of transparent management for streamlining its working potential as well as to preserve the sanctity of the record of rights of the people. At the same time strict deterrent action is required to be taken against the corrupt officers/officials of the Department who are found in league with corrupt mafia. The present incumbent at the post of D.G., LDA is, therefore, directed to ensure completion of the projects/tasks which have already been undertaken by his predecessor, namely:-- i) Computerization of the entire record, which is already underway, will be complete within a period of one year. ii) GPS mapping of City Lahore would be made to facilitate the department to identify the land. iii) All corrupt officials/officers who are found guilty of preparing bogus allotment files, misappropriating the original record or involved in illegal and corrupt practices, should not only be dismissed from service after due process of law, but their cases be also referred to NAB/Anti-Corruption Establish-ment. The D.G., LDA shall also be personally answerable for any fraud and forgery committed in respect of record of the LDA. iv) To prevent fraud and any kind of mischief, the whole record of the LDA pertaining to immoveable properties, will be archived with a third party within a period of one year. v) One window facility which is already operational will be under direct supervision of the D.G., LDA who shall take further measure which he deems appropriate to enhance its efficacy. Each and every application/ complaint presented through this window shall be disposed of within fifteen days and if it is not possible to do so, the applicant/ complainant will be informed about stage/status of his application/ complaint on a fortnightly basis. 8(sic). Compliance report of the above directions will be submitted to this court by the Director General of LDA within three months from the date hereof. MH/S-61/L Order accordingly.