2009 PLP 1137 (YLR)

Learned counsel appearing in these two petitions have placed heavy reliance on the copies of the documents respectively filed by the parties therein; the purpose and purports of the said documents is not only contradictory to one another, but the same make it very difficult to arrive at a proper conclusion as to which of the documents are genuine and to be relied upon and which of the others to be declared to the contrary. For instance, in C.P. No.D--418/2007 at page-159, copy of a document appears which would tend to indicate that 62 acres of land notified in KDA Scheme No.32 was agreed by the Federal Government in the Ministry of Works, Provincial Government, Karachi Develop ment Authority, Karachi Metropolitan Corporation and Karachi Cooperative Housing Societies Union, to be handed over to Karachi Metropolitan Corporation for development of a park and water-supply reservoir with necessary structure; it further indicates, "the agencies as mentioned above have mutually resolved the use of the land as a park after handing over of the possession to Karachi Metropolitan Corporation these agencies will not be disputed". At the foot of this document, all the respected officers of the concerned departments are said to have put their respective signatures to authenticate the contents thereof. As against the same, the parawise comments offered by respondent No.1, viz. Federation of Pakistan (GOP), through Secretary, Ministry of Housing and Works, Islamabad, has asserted that the said hill/land "measuring 194879 sq. yards (approx. 62 Acres) belongs to Federal Government, Ministry of Housing and Works (Landlord)". The said piece of land was allotted to Karachi Cooperative Housing Societies Union (KCHSU) (Licensee) through main License Agreement on 1st August, 1951 duly registered in the office of the Registrar Karachi for the purposes mentioned therein. The said comments further mention that piece of the said land was allotted by KCHSU to one of its sub-Society, namely, Overseas Employees Cooperative Housing Society (OSECHS) for development of the land for the purpose of allotment of plots to its members, recreation sites, parks, etc; further details have also been narrated therein for the purpose of utility disposal of the said land. Thus, the disputed questions of fact have made it difficult to arrive at a proper conclusion as to the claims raised by the different parties over the disputed land. It is a settled principle of law that disputed questions of fact can neither be entered upon nor any inquiry can be held therein to arrive at truth or falsehood of the same by means of a Constitutional Petition. Relevant parties ought to have had filed civil suits before the proper forum for recording of the evidence to determine the disputed questions of facts involved therein. For the above-stated reasons, these petitions are not found maintainable in law and are hereby dismissed in limine along with the listed applications. H.B.T./S-46/K Petition dismissed.