BEFORE LAHORE DEVELOPMENT AUTHORITY COMMISSION,LAHORE
PRESENT:
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.
Applicant
VS.
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. JoharTown, Lahore.
3. LAC LDA, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore.Respondents
Order
Mr. Khalid Masood Ahmad s/o Ch. Allah Ditta submitted anapplication at One Window on 02.10.2015 vide receipt No. 2206529 forfiling reference to the LDA Commission. The Authorized Officer under subsection (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 on15.05.2017. It was entered in the Institution Register at Serial NO.52 of2017. Notices were issued to the Applicant, the Director General LDA andDirector Land Development-I, Land Acquisition Collector, LDA and PatwariHalqa Mouza Niaz Beg and other witnesses. The statements of theApplicant, his father Ch. Allah Ditta and Mst. Samina Rafiq the seller, wererecorded on oath and record of Patwari halqa was consulted. Thedocuments produced by the Applicant and patwari halqa Thokar Niaz Begwere examined and photo copies thereof were placed on the reference file.File of the plot No. 609, Block-Al1, attached with the reference by theEstate Management Directorate-I (hereinafter referred to as plot file) wasexamined.
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2. According to the reference filed by the LOA;
"As per available record Mst. Zainab Bibi Widow of Barkat andNazeer Ahmad Slo Barkat was granted exemption in lieu of their landmeasuring 04K-02M in Khasra numbers 13262, 13265, 13267,13284, 13289 and 13391 Mouza Niaz Baig, Lahore by the then OLDon 17.03.91 (para 47/N of instant file). They were allocated with twoplots 359 Block-F/1 measuring 420 SQM and 575 Block Al1measuring 105 SQM, M.A. Johar Town, Lahore (para No.48/N ofinstant file). Later on, an application received with the Applicant'srequest that their Khasras fall in block G/1 and they should beallocated plot near to their land. In response to this request they wereallocated with plot No. 609, 610, 618 and 619 Block Al1 eachmeasuring 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 issuedvide No. JT-NB-I-293/6551 dated 11.07.1991 (Page 51/C). Theallocation and exemption letter issued under section certain termsand conditions. Clause 07 of allocation letter and clause 17 ofexemption letter are reproduced as under:
"7). That, if at any stage, your title is proved to bedefective or is discovered that the exemptionhas been procured fraudulently the allocationof the plot shall stand automatically withdrawn.
17). That if at any stage, your title is proved to bedefective, the exemption the plot shall standautomatically withdrawn and LOA will entitledto take over the land alongwith structurestanding thereon without payment of anydamage or compensation. (E & 0 are to betaken up at any stage).
Possession order was issued vide No. JT-NB-1293/7357dated 07.08.91 (page No.63/N). Possession Letter was issued byEstate Branch vide EO No. 100 dated 08.08.91. The plot wastransferred to Hafiz Ishtiaq Ahmad Slo Muhammad Din from thenames of Mst. Zainab Bibi and Nazir Ahmad through GPAMuhammad Younas vide letter No. JT-NB-293/2753 dated 28.10.93(page No. 90/C). The said plot was further transferred to Mst. FouziaJilani 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 SameenaBegum vide letter No. 23398 dated 19.11.98.
Later on, Transferee Mr. Khalid Masood applied for NOCvide his application dated 28.06.2014. Land Acquisition Controller,LOA issued a Robkar dated 30.08.2014 for verification of ownershipof exemptees and finally in its report dated 02.06.15 reported thatexemptees are no more awardees of the said land. Therefore requestof 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/Nwhich was counter verified by LAC with the remarks that dueto excess sale of land the original exemptees were no moreawardees of their claimed land.
2) Directorate of Revenue has verified all amounts includingdevelopment charges and transfer fee, at para No. 167IN ofinstant file.
3) The status of plot No. 609, block-Al1 in possession registerand at site was sought from Directorate of EstateManagement-I, LOA. The Estate branch has reported thatthe possession of plot No. 609, Block-Al1 was handed overto exemptee through GPA Muhammad Younas and currentlya double storey exists at site.
4) Report of Town Planning Wing is available at para 175/Nwhich shows that building plan was sanctioned in the nameof Ishtiaq Ahmad on 08.12.1993 and Completion Certificatestands issued dated 15.11.1994.
5) The list of files under scrutiny was consulted and the instantfile is not included in those files which are under scrutiny.
6) Instant file is not included in the list of missing files whichwere 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 withdocuments pertaining to plot No. 609, Block Al1, M.A. JoharTown is recorded at para No. 226/N of instant file.
10) A Copy of civil suit titled "Durr-e-Shahwar Vs Zainab Bibietc" is available in file at page 307/C. In the above said case,the stance of plaintiff is that she had purchased one kanal
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.. .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 plotNo. 56, Block-F/1, M.A. Johar Town, Lahore in above saidcase."
3. LOA in its reference has further clarified; "The plot mentioned in saidsuit is not exempted in file No. JT-NB-1293and applicant has no concernwith this case. However, the defendant in said case i.e. Zainab Bibi andNazeer 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 heand his father purchased plot No. 609 Block Al1 MA Johar Town along withconstructed house thereon. But the Agreement to Sell was written in thename 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 foran amount of Rs. 13,00,0001- and bid money of Rs.2,00,0001- was paid. Hecontended that he came to know that the plot was exempted against theland when he received the copy of transfer letter. But since the completioncertificate of the house was issued by LOA, he had not any doubt about itsownership. Ch. Allah Ditta witness stated that he purchased the plot fromGPA of Mst. Fauzia Jillani. He paid Rs.2,00,0001- as bid money andremaining 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 MstFauzia Jillani through GPA and did not execute any sale deed. Sheconfirmed her signature on GPA at pages 133-139/C of plot file. She alsoconfirmed her signature on the Agreement to Sell at Mark-III through whichhouse was sold to the father of the Applicant. She also confirmed thereceipt 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 454Gulshan Block Allama Iqbal Town Lahore claiming GPA of Zainab Bibiwidow and Nazir Ahmad son of Barkat Ali submitted an application on07.12.1989 for exemption of plots against land falling in Khasra Nos.13264,13265, 13266, 13267, 13284, 13289, 13291 etc. in Mouza Niaz Biag. (page00001 plot file). In the application size of the area against which exemptionrequested was not mentioned. Copy of GPA attached at pages 00003-00008 which was purportedly registered with Sub Registrar office asDocument No. 1457 Bahi No.4 volume 56 page 50 on 09.04.1988 did notbear signatures of Sub-Registrar. GPA also shows that it was issued for thetotal land of Zainab Bibi and Barkat Ali. Plot No. 359, Block F-I MA JoharTown was allotted to Zainib Bibi and Nazir Ahmad through Ch. Muhammad
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Younas, although in the application the area was not specified againstwhich the exemption was sought. However LOA allowed exemption of PlotNo. 350, Block F/1 MA Johar Town vide letter No. JT/NB-I-293/3088 dated30.03.1991 in lieu of his land measuring 04K-02M against Khasra Nos.13245, 13247, 13262, 13289, 13391 and 13394. Later on Plot No. 359Block 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-293/4362dated 07.05.1991. The Exemption letter for plot No. 609 Block Al1 wasissued vide letter No. JT/NBI-293/6551 dated 11.07.1991. The possessionwas handed over to Ch. Muhammad Younas vide letter dated 07.08.1991.The Plot was transferred to Hafiz Ishtiaq Ahmad by LOA vide letter No.JT/NB-293/2753 dated 28.10.1993 and subsequently to Mst. Fauzia Jillanivide letter No. 6806 dated 15.09.1994. Mrs. Samina Begum 0/0 SheikhAbdul Rashid on the basis of GPA transferred the said plot to the Applicanton 19.11.1998.
6. LOA in para 248 (i) of Note of plot file has claimed that "due toexcess sale of land the original exmptees were no more awardees of theirclaimed land". Para 198 of plot file only list out exemptions allowed againstKhasra Nos and Para 207 only points out that excess exemption of 30k-07M land has been mentioned against which the exemption was claimedby Zainib Bibi and Barkat Ali. LOA has not mentioned how much areahas been sold by these two exemptees and how much was theirremaining land ownership. This is primary responsibility of LAC LOAto determine exactly the reduction in the ownership of theexemptee/exemptees to justify the cancellation. Therefore theCommission has decided to return in future all such references wherethe reduction in the ownership of the land has been presumed by LOAmerely on the ground that there are too many over writings entered inthe Award. LAC LOA shall be directed to determine exactly theshortage of land under the ownership of the exempttee.
7. The examination of Revenue Record produced by the PatwariHalqa Niaz Baig, shows that Mr. Barkat Ali S/o Muhammad Isamil wasowner of the land measuring 67K-06M in Mouza Niaz Baig. However in theinstant case the application for exemption was examined in lieu of land inKhasra Numbers 13284min, 13391min, 13289min, 13262min, 13267minand 13265min and was granted as per Ishtqaq form (page 0009-10/N).Khasra No. 13391 has been mentioned under the ownership of Mr. BarkatAli due to clerical mistake which is still being followed. Mr. Barkat Ali is notowner of this Khasra No. In the application at page 1/C and copy ofregistered deed at pages 3-8/C this number was not claimed as ownershipof Barkat Ali. It appears that while preparing Ishteqaq form this number was
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included wrongly. This shows that the ownership was not examined withdue care. The entire holding of Barkat Ali Slo Muhammad Ismail in KhataNo. 676 was transferred to his widow Zainab Bibi, Nazir Ahmad and MunirAhmad sons vide inheritance mutation No. 15136 sanctioned on03.01.1982. According to Chhant prepared by Patwari Halqa Niaz Baig(pages No. 76-77/C of Reference file- Mark-I) Barkat Ali Slo MuhammadIsmail had already sold his entire ownership in Khasra No. 13265, 13267,13284, 13262 and 13289 through different sale deeds to different persons.The mutations to incorporate the transfer of land through sale deeds weresanctioned before the year 1988. Whereas the GPA for obtainingexemption of the land was issued in the year 1988. Hence Mr. Barkat Aliand Mst. Zainib Bibi were not owner of land in these Khasra Numbers atthe time of alleged execution of GPA in favour of Muhammad Younas. GPAwhich was relied upon for granting exemption also seems to be fake sincethe copy which was placed in the record (page 0003-008) do not bear thesignature of Sub-Registrar for sanctioning the registration of document.Hence bogus documents were prepared with fake signatures of officersand staff and were placed in the file.
8. Although LOA has alleged Zainaib Bibi and Barkat Ali are nomore awardees due to excess sale of land but it has neither challenged theexemption order dated 11.07.1991 nor the claim of applicant Mr. KhalidMasood Ahmad as bonafide purchaser. Despite the fact that fraud hasbeen committed in the construction of file and exemption was obtained onthe basis of forged documents, this Commission has to examine the claimof the applicant as bonafide purchaser. He purchased the plot after aboutsixteen years of its exemption that also in the shape of a constructed houseand at a time when completion certificate was already issued by the LOA.Therefore, the Commission despite the alleged fraud or reduction of landagainst which the plot was exempted, in view of sub section (4) of section32 of the LOA (Amendments) Act, 2013 read with sub-section (5) of Section32 of the Act (ibid) has to consider the present reference to resolve thedispute. The above mentioned provisions of the Act are reproduced below:-
"(4) The Authority or any officer so authorized by the Authority, on itsown motion or on the application of any person, may refer any matterto the Commission for consideration, resolution and decision if aprima facie case is made out."
"(5) The Commission shall consider and make appropriaterecommendations on matters pertaining to;
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(a) bona fide purchase for value owing to irregular orfraudulent transaction in respect of property, the extent oflegality or illegality of the transaction, apportionment ofresponsibility in irregular or fraudulent transaction andtranslation of this responsibility into monetary terms andrecommendation of such conditions, fines, rate or fixprice, retrieval of property and demolition as deemedappropriate according to the nature of each case."
9. Exemption of the plot was transferred to the Applicant by LDA onthe same terms and condition on which it was held by the exemptee.Relevant portion of transfer letter No. JT/NB-1/293/23398 dated 19.11.1998is reproduced below:
"I am to inform you that the exemption of the plot cited above hasnow been transferred to your name on the terms and conditions itwas held by the original exemptee."
The Applicant accepted the terms and conditions of the transfer. He himselfsigned the endorsement on the transfer application (page 00151 of plot fileNo. JT/NB-1/293)which reads;
"I endorse the above application and if the property is transferredto me, I as successor in interest or (assignee) shall be subject toall the conditions and terms contained in theAgreemenUExemption letter between the transferor and theLahore Department Authority."
10. In the affidavit at page 00155 of plot file No. JT/NB-1/293,filedwith the transfer set, the Applicant undertook to abide by the terms andconditions of the exemption of the said plot between the original exempteeand LDA and to comply with all orders and directions and instructions etc.in force or issued from time to time by the LDA. Therefore, whatever rightshave come to vest in the Applicant, those did not constitute full andabsolute title in the plot. The Applicant was bound to fulfill the conditionslaid down in the Exemption letter No. JT/NB-1/293/25494/6551 dated 11-07-1991 issued to the original exemptee. The Applicant, therefore, must havebeen aware of the fact that his purchase was subject to the incident ofthose conditions which are contained in the exemption letter issued by theAuthority. The LDA had a right to cancel the allocation/exemption of plotunder clause 17 of the Exemption Letter No. JT/NB-1/293/25494/6551dated 11-07-1991which reads;
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"That if at any stage your title is proved to be defective, theexemption of the plot shall stand automatically withdrawn and LOAwill be entitled to take over the land along with structure standingthereon without payment of any damages or compensation. (E &o are to be taken up at any stage.r
11. Although the exemption was transferred by LOA i.e. the realowner of the plot, yet the fact remains that the transfer was madeconditionally and the Applicant accepted those conditions without anyobjection. Every purchaser of exemption rights is supposed to haveknowledge that the transaction of purchase was subject to those conditionswhich were contained in the agreement for exemption or in the exemptionletter. At this stage the contention of the Applicant that he was not aware ofthe terms and conditions cannot be accepted. This being so, the vendeedespite being innocent buyer cannot raise the plea of protection on theprinciple of section 41 of the Transfer of Property Act, 1882which relates tothe transfer of property by an ostensible owner. In the present case it was aconditional sale and the Applicant is bound to fulfill the conditions acceptedby him at the time of transfer of exemption in his favour. Moreover,applicant's rights being vendee of exemption rights cannot exceed therights vested in the vendor who was not full owner of the plot and did nothad proprietary rights of the plot. Therefore, for acquiring proprietary rightsthe Applicant is subject to the conditions of the sale as per terms andconditions of exemption.
12. Land for M.A. Johar Town Scheme was acquired on the basisof exemption which means that 30% of the land of owners was exemptedfrom compulsory acquisition and they, on certain specific terms andconditions, were allocated developed plot equal to their right of exemptioni.e. 30% of their total holding acquired/surrendered. Title of the exemptedplot is, however, transferred on fulfillment of the terms and conditions ofexemption. Therefore, the exemptees were not full owner and exemptionletter does not constitute absolute title in the plot. The title of the plotremains vested in the LOA till exchange deed is executed. The abovementioned plot was exempted against the share of exemptees in land ofKhasra Nos. 13265min, 13267min, 13262min, 13289min, 13391min and13284min of Mauza Niaz Baig, falling in M.A. Johar Town Scheme. TheApplicant was transferred exemption rights subject to the terms andconditions contained in the exemption letter and was bound to transfer theland against which the exemption was granted, in favour of LOA byexecuting an exchange deed after completion of building period. Clause 16of the exemption letter No. JT/NB-1/293/25494/6551 dated 11-07-1991(page 000051-53) which reads; ~ ~a.(\
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"That you shall be required to execute an Exchange Deed, after thecompletion of the building, in accordance with the sanctioned plan. Allexpenditures i.e. cost of stamps, Registration fee and other fees,taxes for the execution of this deed shall be borne by you."
13. The defect in the ownership of the original exemptee's land orplea of fraud or irregularities committed by the LOA or the RevenueDepartment functionaries does not absolve the Applicant from abiding bythe terms and conditions of the transfer of exemption accepted by him,even if the entire transaction and proceedings before transfer of exemptionare proved to be fraudulent nor can he raise the plea of protection on theprinciple of section 41 of the Transfer of Property Act, 1882. In case hefulfills the terms and conditions accepted by him at the time of transfer ofexemption, LOA shall be bound to transfer to him the proprietary rights,notwithstanding the fraud or collusion committed by the LOAofficers/officials to which the Applicant was not a party. The originalexemptee paid the development charges which as admitted by LOA havebeen duly verified. The Applicant paid transfer fee but the price of the plotwas not paid by him or his predecessors to the LOA and instead theApplicant took upon himself to transfer land to LOA by execution of anexchange deed. The vendor has not paid any price of the land of plot nortransferred land to the LOA, therefore, the price paid by the Applicant to thevendor does not include the price of the land which was to be transferred toLOA in exchange of the subject plot. The Applicant is liable either totransfer the above mentioned land to the LOA or alternatively in order toresolve the dispute, to pay the price of the land of the plot for transfer oftitle of the plot in his favour.
14. In view of the position, as has been noticed by the Commissionfrom the Revenue record, the Applicant cannot now get the above landtransferred to the LOA, therefore, he has to acquire proprietary rights onpayment of the price of the plot (minus development charges already paidby his predecessors). In case the plot had been in the name of the originalexemptees, the plot would have been certainly cancelled and they couldhave not any right for its regularization. But when the plot was firsttransferred to Hafiz Ishtiaq Ahmad s/o Muhammad Din, he would havebeen entitled to retain the plot under these proceedings on establishing thathe was a bona fide purchaser. Therefore, the same right can be claimed bythe present applicant. The right of exemption i.e. to get the title of the plotby transferring ownership of above mentioned land, was conferred by theLOA when the LOA transferred exemption to the Applicant on receipt oftransfer fee, therefore, price of the plot as on 28.10.1993 as per DC'sValuation Table along with charges for delayed payment, should be
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charged from him in order to resolve the dispute as envisaged in subsection (4) of section 32 of the LOA (Amendments) Act, 2013 which reads:
"(4) The Authority or any officer so authorized by the Authority, on itsown motion or on the application of any person, may refer any matterto the Commission for consideration, resolution and decision if aprima facie case is made out."
15. According to the DC's valuation table notified on 29.11.1993prevailing at the time of 1st transfer i.e. 28.10.1993, the price per Marla inM.A. Johar Town, was Rs. 25,000/- per Marla off the road. Thus price of105.75 sq.m. plot comes to Rs. 1,25,893/-. The Applicant's predecessorpaid to the LOA Rs.6150/- on 29.03.1990 and Rs.5343/- on 01.06.1991 asdevelopment charges. Sui gas charges paid are not the part of the price ofthe plot and similarly the amounts paid subsequently for building periodextensions or any additional amount recovered on account of delayedpayments cannot be considered part of the cost of the plot. However, theamount of Rs.11,493/- paid as development charges can only beconsidered a part of the price of the plot. It was the responsibility of theApplicant as discussed above, to get transferred 246.75 SQM land to theLOA and it is the Applicant who failed to abide by the terms and conditionsof the exemption, therefore, he is liable to pay mark up at the rate of 17.5%per annum for delayed payment as specified in clause 2 of the allocationletter dated 30.03.1991 and clause 3 of the exemption letter dated11.07.1991. On account of his failure to fulfill the terms and conditions ofexemption, he will have to pay to the LOA an amount of Rs.5,24,097/worked out below:-
Sr. No. Particulars Rupees
1) Price of the 105.75 sqm. plot as per 1,25,893/-District Collector's Valuationnearest to the date of Transfer ofExemption i.e. 28.10.1993
2) Dev. Charges paid on 29.03.1990 6,150/-
3) Mark up on Dev Charges for the period 3860/-from 29.03.1990 to 28.10.1993
4) Dev. Charges paid on 01.06.1991 5343/-
5) Mark up on Dev Charges for the period 2254/-
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\/"_ 7$)r/
from 01.06.1991 to 28.10.1993
6) Development charges +mark up 17,607/-
7) Plot price after deduction of development 1,08,286/-charges
8) Mark up on cost of the plot for the period 4,15,8111from the date of 1st. transfer ofexemption (28.10.1993) to the date offiling of application (02.10.2015)
9) Add mark up to the cost of the plot 5,24,097/-
10) Total cost of the plot to be paid by the 5,24,097/-Applicant to resolve thedispute
In case of any patent error or omission apparent from the face of therecord, is subsequently discovered in the above computation, theCommission may rectify the same on an application by either party.
16. From the record and the evidence produced by the Applicant itappears that:
I. The Applicant or his father was not a party in the fraudcommitted by Mr. Muhammad Younas who fraudulently got theexemption of the land by claiming himself as GPA of Mst.Zainib Bibi and Barkat Ali.
II. Mst. Zainib Bibi and Mr. Barkat Ali were not the owners of landat the time of exemption of the land in lieu of which exemptionwas granted. Mr. Muhammad Younas produced bogus revenuerecord and apparently a fake General Power of Attorney.
III. The Applicant and his father purchased the plot in good faithafter getting reasonable inquiry from LOA.
IV. The Applicant had paid full and fair price of the plot to thevendor for transfer of exemption rights and possession of theplot.
Therefore, The Applicant is held to be a bona fide purchaser of the rights ofexemption granted by LOA to the original exemptee.
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17. In view of the above discussed facts, the record and theevidence examined, recommendations of the Commission are as under:-
a) Notwithstanding the fact that applicant is not able to execute anexchange deed to transfer land and out of Khasra numbers in lieu ofwhich the plot was exempted, in terms of clause 16 of the ExemptionLetter dated 11-07-1991 read with the transfer letter dated28.10.1993, the LOA shall transfer proprietary rights of plot NO.609Block A-1, M.A. Johar Town, Lahore, to the Applicant, on payment ofRs. 5,24,097/- in lieu of the above 105.75 sqm. land, so that thedispute could be resolved.
b) The Applicant may opt to pay the amount in lump sum or in twoquarterly installments within 06 months of the date of this order. Incase no appeal is filed by the Applicant or by the LOA against thisorder, the LOA shall issue, within 30 days after the expiry of the timeprescribed for the appeal or from the date of the application made bythe Applicant, whichever is earlier, one or two Challans at the optionof the Applicant for the payment of the above amount in lump sum orin two quarterly installments.
c) Subsequent to the payment of the above determined amount bythe Applicant, the title of the Applicant or his successors in interest atno stage, shall be called in question by the LOA and the cases forsanction of the building plan, commercialization, further transfer etc.in respect of the above plot shall be processed by the LOA as per itsrules/policy in vogue.
d) In case the Applicant fails to pay the above amount within sixmonths from the date of the issuance of the Challan(s), the LOA may,retrieve the plot but not without compensation as envisaged in theclause 17 of the Exemption Letter read with the transfer letter. Onretrieval of the plot LOA will refund the development charges receivedwith markup @ 17.5% from the date of the payment of developmentcharges to the LOA up to the date of the LOA's cheque for the refundamount payable to the Applicant. The amount so calculated shall berefunded within one month of the retrieval of the plot.
e) LAC LOA shall be directed to determine the exact reduction ofthe land of the Exemptee(s) before a reference is forwarded to thisCommission.
f) OG LOA will conduct an Inquiry regarding the fraudulentexemption of the plot to Mr. Muhammad Younas allegedly on behalf
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of Mst. Zainib Bibi and Nazir Ahmad; and fix the responsibility onindividuals including officials of LOA who managed the exemption ofplot on the basis of forged documents and take appropriate action.
~.~.lA>I7-(Muhammad Yousaf)
Member, LOAC Chairman, LOAC
Announced
28.09.2017
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