1994 PLP 1293 (CLC)

Raja Muhammad Sabir for Petitioner. A.R. Arshad Malik for Respondent. Date of hearing: 15th December, 1993. Abdul Qayyum Badar filed this Constitution petition seeking declaration to the effect that demolition of the house built by the petitioner and thereby causing his dispossession is illegal and without lawful authority and that on the basis of ownership of the said house, he is entitled to the adjustment of land measuring 10 Marlas underneath the said house. This house (95‑A, B Block, Sabzazar Colony, Lahore) according to the petitioner comprised of two rooms, a kitchen and a boundary wall; the construction was made in the year 1979 and on promulgation of the Sabzazar Scheme, the petitioner is entitled to have the said land adjusted as the house had already been constructed.

2. The house was demolished on 29‑2‑1992 and 'demolition as well as dispossession files were conveniently misplaced on the very next day, that is, 1‑3‑1992. Assertion of the petitioner is that these files were misplaced so as to deprive the petitioner of his right to claim adjustment and that the demolition and misplacement of files has resulted into dislodging his claim of adjustment of the house in question and instead he is being offered 5 Marlas only and that too far away from the plot owned by him and that this plot has been allotted to Muhammad Ahmed, respondent in lieu of Plot No. 232 B Block, Sabzazar Scheme: Muhammad Ahmed had not accepted Plot No. 232 measuring 12 Marlas, as according to his learned counsel he was not in a position to pay the price of extra two Marlas demanded from him, he being entitled to receive allotment of 10 Marlas only.

3. Lahore Development Authority in its report has asserted that the house constructed by the petitioner consisted of a Katcha Kotha wherein nobody was even living and according to the survey sketch prepared on 24‑8‑1989 there was one room with four walls on the plot in question and structure of this type given in the survey sketch could not be adjusted as per policy of the Authority. The assertion that only a Katcha Kotha existed has been mentioned in the report of the Director, Estate Management made much after demolition. The other record, that is, survey report as well as award of the Collector show that a four‑wall and a house existed on the plot in question. The details of the rooms and of the house, however, has not been given either in the survey report or in the award. However, it is not disputed that had there been only a Katcha Kotha existing on the plot, survey report and the award would not have mentioned the same as a house. Learned counsel for the petitioner also produced a receipt of payment of property tax for the assessment year 1991‑

92. Obviously for one Katcha Kotha only, property would not have been treated as a house and taxed as such.

4. In these circumstances misplacement of demolition as well as dispossession files assumes importance and on account of misplacement of these files no adverse inference can be drawn against the petitioner as the custody of record vests with the L.DA. The refusal of the Authority, therefore, to allow adjustment of the plot in question in favour of the petitioner is illegal. The petitioner is entitled to have received allotment of the plot in adjustment. The Lahore Development Authority is, therefore, directed to allow necessary adjustment to the petitioner in respect of the plot in question and also to restore the possession thereof. Muhammad Ahmed, respondent, will be given some other plot in lieu of his entitlement. With these directions, this petition is allowed leaving the parties to bear their own cost. M.Z.S./A‑532/L Petition allowed.