1999 PLP 2596 (MLD)

The petitioners through this Constitutional petition have sought direction in the nature of writ of mandamus that the respondents functionaries be directed to allot them plots from the quota of various categories reserved for the applicants.

2. The brief facts relevant for the disposal of the present petition are that the respondents announced in the daily newspaper, dated 15-2-1992 that they have to allot plots in Area Development Scheme, Bhakkar. Phase-II, whereby applications were invited from public-at-large, Advocates, retired Government Servant, Artists etc and quota for the various categories was also reserved. In response to the above said announcement the petitioners paid amount of call deposit and submitted their applications according to the schedule announced by respondent No.2. The allotment was made through ballot and respondent No.1 announced the names of the successful persons which were published in the daily 'Thal Observer', dated 15-9-1993 wherein the names of the petitioners were also included in the list of successful persons. After announcement respondent No.1 did not take any step for issuing the allotment letters and possession of the plots despite the fact that various applications were submitted by the petitioners before respondents Nos.1 and

2. The matter was delayed without any justification and ultimately respondent No.2 sent an intimation vide letter, dated 16-10-1996 that success in balloting does not confer any right to own or possess a plot and further stated that in the prevailing policy allotment cannot be made.

3. Report and parawise comments were called for from the respondents wherein it is admitted that the petitioners had applied for allotment of the plots from the quota reserved for them in accordance with policy then prevalent. However, according to the respondents, the balloting was subject to the approval by the District Housing Committee and by the Government according to Government Letter No.SO (D-II) 2-8/86, dated 28-9-1987. The approval of the ballot draw could not be obtained from the District Housing Committee till 25-10-1993 when the Government of Punjab in Housing Physical & Environmental Planning Department, Lahore vide its Letter No.SO (D-II) 2-4/93, dated 25-10-1993 abolished the allotment of plots under allotment policy as per letter, dated 23-12-1985. While deciding Writ Petition No.3608 of 1993 involving similar questions, my learned brother Tanvir Ahmad Khan, J., was pleased to accept the above said writ petition and directed the functionaries to decide the fate of the petitioner's application in accordance with the policy, dated 23-12-1986. This judgment was upheld by the Hon'ble Supreme Court of Pakistan In C.P.S.L.A. No.2288-L of 1996. Learned counsel placed on record decision of the Cabinet, dated 15-2-1994 whereby the pre-allotment policy which was in vogue in the year 1986 has been restored.

4. I have heard learned counsel for the petitioners and learned Additional Advocate-General Mr. Muhammad Nawaz Bhatti at some length and have also perused the record. It is an admitted fact that the applications for allotment of plots were invited in the year 1992 for the reserved quota, when the allotment Policy of 23-12-1986 was in vogue, as such, their application is to be decided in accordance with law/rules prevalent on the day when the applications were invited. The petitioners did qualify for the allotment of the plots under reserved quota but the objection raised by the respondents is simply that since 1986 policy has been done away with by letter, dated 25-10-1993 of the Housing Department, as such, the petitioner's case cannot be considered at this belated stage. It was held by the learned Single Judge in an unreported judgment rendered in Writ Petition No.1350 of 1994 tilted Shujat Hashmi v. Government of Punjab and another that the letter, dated 25-10-1993 was issued on account of judgment of this Court passed in Writ Petition No.7459 of 1993 which judgment had since been set aside in I.C.A., as such, the reliance on the letter, dated 25-10-1993 had lost its all efficacy.

5. Since the petitioners applied for allotment of plots in the years 1992 when the allotment policy of letter, dated 23-12-1986 was in vogue, as such, their applications are to be decided in accordance with law/rules as prevalent on the day when the applications were invited. Since the petitioners have already qualified for the allotment of the plots by draw of ballots in their favour, there was no legal justification for the respondents to take refuge under the letter, dated 25-10-1993 of the Housing Department stating that the discretionary quota for the special group has since been discontinued and they are no more entitled for that. The petitioners in any case shall not be made to suffer for the action on the part of the respondents-functionaries as stated above through Cabinet decision on 15-2-1994 the earlier discretionary quota has since been restored.

6. For what has been discussed above, the writ petition is accepted and the respondents-functionaries are directed to decide the fate of the petitioners' applications according to the policy letter, dated 23-12-1986. There shall be no order as to costs. Since it is an old matter, the respondents are directed to finalize this issue within two months after receipt of this order. Q.M.H./R-83/L Petitioner accepted.