before lahore development authority commission, lahore . no.52.pdfآ before lahore development...
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BEFORE LAHORE DEVELOPMENT AUTHORITY COMMISSION, LAHORE
Mr. Javaid Akhtar, Chairman
Mr. Muhammad Yousaf, Member
Reference No. 52/2017
Mr. Khalid Masood Ahmad S/o Ch. Allah Ditta, House No. 609, A-I, MA Johar Town Lahore.
1. Lahore Development Authority through Director General, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore.
2. Director, Land Development-I, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore.
3. LAC LDA, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore. Respondents
Mr. Khalid Masood Ahmad s/o Ch. Allah Ditta submitted an application at One Window on 02.10.2015 vide receipt No. 2206529 for filing reference to the LDA Commission. The Authorized Officer under sub- section (4) of section 32 of LDA (Amendment) Act, 2013 read with sub-rule (1) of the Rule 7 of the Lahore Development Authority Commission Rules, 2014, referred the case to the Commission which was received on 15.05.2017. It was entered in the Institution Register at Serial NO.52 of 2017. Notices were issued to the Applicant, the Director General LDA and Director Land Development-I, Land Acquisition Collector, LDA and Patwari Halqa Mouza Niaz Beg and other witnesses. The statements of the Applicant, his father Ch. Allah Ditta and Mst. Samina Rafiq the seller, were recorded on oath and record of Patwari halqa was consulted. The documents produced by the Applicant and patwari halqa Thokar Niaz Beg were examined and photo copies thereof were placed on the reference file. File of the plot No. 609, Block-Al1, attached with the reference by the Estate Management Directorate-I (hereinafter referred to as plot file) was examined.
2. According to the reference filed by the LOA;
"As per available record Mst. Zainab Bibi Widow of Barkat and Nazeer Ahmad Slo Barkat was granted exemption in lieu of their land measuring 04K-02M in Khasra numbers 13262, 13265, 13267, 13284, 13289 and 13391 Mouza Niaz Baig, Lahore by the then OLD on 17.03.91 (para 47/N of instant file). They were allocated with two plots 359 Block-F/1 measuring 420 SQM and 575 Block Al1 measuring 105 SQM, M.A. Johar Town, Lahore (para No.48/N of instant file). Later on, an application received with the Applicant's request that their Khasras fall in block G/1 and they should be allocated plot near to their land. In response to this request they were allocated with plot No. 609, 610, 618 and 619 Block Al1 each measuring 5 marla (para No.57/N) vide exchange letter No. JT-Nb-I- 293/4362 dated 07.05.1991 (page No.29/C).
Exemption letter of Plot No. 609 Block-A-1 was issued vide No. JT-NB-I-293/6551 dated 11.07.1991 (Page 51/C). The allocation and exemption letter issued under section certain terms and conditions. Clause 07 of allocation letter and clause 17 of exemption letter are reproduced as under:
"7). That, if at any stage, your title is proved to be defective or is discovered that the exemption has been procured fraudulently the allocation of the plot shall stand automatically with- drawn.
17). That if at any stage, your title is proved to be defective, the exemption the plot shall stand automatically withdrawn and LOA will entitled to take over the land alongwith structure standing thereon without payment of any damage or compensation. (E & 0 are to be taken up at any stage).
Possession order was issued vide No. JT-NB-1293/7357 dated 07.08.91 (page No.63/N). Possession Letter was issued by Estate Branch vide EO No. 100 dated 08.08.91. The plot was transferred to Hafiz Ishtiaq Ahmad Slo Muhammad Din from the names of Mst. Zainab Bibi and Nazir Ahmad through GPA Muhammad Younas vide letter No. JT-NB-293/2753 dated 28.10.93 (page No. 90/C). The said plot was further transferred to Mst. Fouzia Jilani 0/0 Ghulam Gilani vide letter No. 6806 dated 15.09.94. Lastly, the plot was alienated in favour of Khalid Masood Slo Ch. Allah Ditta
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from the name of Mst. Fouzia Gilani through GPA Mst Sameena Begum vide letter No. 23398 dated 19.11.98.
Later on, Transferee Mr. Khalid Masood applied for NOC vide his application dated 28.06.2014. Land Acquisition Controller, LOA issued a Robkar dated 30.08.2014 for verification of ownership of exemptees and finally in its report dated 02.06.15 reported that exemptees are no more awardees of the said land. Therefore request of the Applicant for issuance NOCwas turned down.
In light of reports obtained from different quarters, following are the facts regarding the instant case:
1) Concerned Patwari has furnished breakup at para no. 198/N which was counter verified by LAC with the remarks that due to excess sale of land the original exemptees were no more awardees of their claimed land.
2) Directorate of Revenue has verified all amounts including development charges and transfer fee, at para No. 167IN of instant file.
3) The status of plot No. 609, block-Al1 in possession register and at site was sought from Directorate of Estate Management-I, LOA. The Estate branch has reported that the possession of plot No. 609, Block-Al1 was handed over to exemptee through GPA Muhammad Younas and currently a double storey exists at site.
4) Report of Town Planning Wing is available at para 175/N which shows that building plan was sanctioned in the name of Ishtiaq Ahmad on 08.12.1993 and Completion Certificate stands issued dated 15.11.1994.
5) The list of files under scrutiny was consulted and the instant file is not included in those files which are under scrutiny.
6) Instant file is not included in the list of missing files which were published in 2009.
7) Instant file is included in the inventory list of 2008. 8) Mr. Khalid Masood Ahmad Slo Ch. Allah Ditta claims to be
bona fide purchaser of the plot No. 609 block A-/1 of M.A. Johar Town Lahore and submitted application vide OWO No. 2206529 dated 02.10.15.
9) Personal appearance of Mr. Khalid Masood Ahmad with documents pertaining to plot No. 609, Block Al1, M.A. Johar Town is recorded at para No. 226/N of instant file.
10) A Copy of civil suit titled "Durr-e-Shahwar Vs Zainab Bibi etc" is available in file at page 307/C. In the above said case, the stance of plaintiff is that she had purchased one kanal
.. . land from Zainab Bibi through her legal heir Nazeer Ahmad (both are exemptees in instant file) in Khasra No. 13264 & 13265 Mouza Niaz Baig, Lahore. The suit property is plot No. 56, Block-F/1, M.A. Johar Town, Lahore in above said case."
3. LOA in its reference has further clarified; "The plot mentioned in said suit is not exempted in file No. JT-NB-1293and applicant has no concern with this case. However, the defendant in said case i.e. Zainab Bibi and Nazeer Ahmad are exemptees in file NO.JT-NB-I-293 against Khasra No. 13164 etc. but the same has nothing to do with Dr. Khalid Masood Ahmad (para No. 243/N)".
4. The Applicant in his statement recorded on oath contended that he and his father purchased plot No. 609 Block Al1 MA Johar Town along with constructed house thereon. But the Agreement to Sell was written in the name of his father. Later it was transferred in the name of the Applicant. The deal was negotiated with the husband of seller Mst. Samina Rafiq for an amount of Rs. 13,00,0001- and bid money of Rs.2,00,0001- was paid. He contended that he came to know that the plot was exempted against the land when he received the copy of transfer letter. But since the completion certificate of the house was issued by LOA, he had not any doubt about its ownership. Ch. Allah Ditta witness stated that he purchased the plot from GPA of Mst. Fauzia Jillani. He paid Rs.2,00,0001- as bid money and remaining Rs.11,00,0001- in the office of Mirza Barkat Ali a property dealer. Mst. Samina Rafiq on oath stated that they purchased the plot from Mst Fauzia Jillani through GPA and did not execute any sale deed. She confirmed her signature on GPA at pages 133-139/C of plot file. She also confirmed her signature on the Agreement to Sell at Mark-III through which house was sold to the father of the Applicant. She also confirmed the receipt of Rs.13,00,0001- by her husband who actually sold the house.
5. The perusal of plot file revealed that Ch. Muhammad Younas RIo 454 Gulshan Block Allama Iqbal Town Lahore claiming GPA of Zainab Bibi widow and Nazir Ahmad son of Barkat Ali submitted an application on 07.12.1989 for exemption of plots against land falling in Khasra Nos.13264, 13265, 13266, 13267, 13284, 13289, 13291 etc. in Mouza Niaz Biag. (page 00001 plot file). In the application size of the area against which exemption requested was not mentioned. Copy of GPA attached at pages 00003- 00008 which was purportedly registered with Sub Registrar office as Document No. 1457 Bahi No.4 volume 56 page 50 on 09.04.1988 did not bear signatures of Sub-Registrar. GPA also shows that it was issued for the total land of Zainab Bibi and Barkat Ali. Plot No. 359, Block F-I MA Johar Town was allotted to Zainib Bibi and Nazir Ahmad through Ch. Muhammad
Younas, although in the application the area was not specified against which the exemption was sought. However LOA allowed exemption of Plot No. 350, Block F/1 MA Johar Town vide letter No. JT/NB-I-293/3088 dated 30.03.1991 in lieu of his land measuring 04K-02M against Khasra Nos. 13245, 13247, 13262, 13289, 13391 and 13394. Later on Plot No. 359 Block F/1 was exchanged with four plots of five Marla each No. 609, 610, 618 and 619 in Block Al1 MA Johar Town vide letter No. JT/NB-I-293/4362 dated 07.05.1991. The Exemption letter for pl