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BEFORE DEVELOPMENT AUTHORITY COMMISSION, LAHORE PRESENT:

Mr. Najam Saeed, Chairman. Mr. Javaid Akhtar, Member. Reference No. 21/2016

Mohammad Hussain slo Hassan Din, rio H. No. 24, Street No. 02 Taj Park Siddique Colony, Noor Road, Badami Bagh Lahore. Vs.

1. Lahore Development Authority through Director General, 467/0-11, Main Boulevard, M.A. , Lahore. 2. Director, Land Development I, 467/0-11, Main Boulevard, M.A. Johar Town, Lahore.

Order

Muhammad Hussain submitted an application at One Window on 31.12.2015 vide receipt No. 2243392 for filing reference to the LOA Commission. The Authorized Officer under sub-section (4) of section 32 of the LOA (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 07.04.2016. It was entered in the Institution Register at Serial No.21 of 2016. Notices were issued to the applicant, the Director General LOA and Director Land Development-II. The statement of applicant was recorded on oath and record of OLD II was consulted. The documents produced by the applicant were examined and photo copies thereof were placed on the reference file. File of the plot No. SBS 287-C attached with the reference by the Estate Management Directorate-II (hereinafter referred to as plot file) was examined.

2. According to the reference filed by the LOA;

"Mr. Muhammad Hussain slo Hassan Din has applied in this office for extension in building period on 15-01-2014. As per available record plot no. 287 Block C, Scheme measuring 104.80 sqm was allotted to Mr. Muhammad Hussain slo Hassan Din on Chief Minister's directive No. SO(C ) - CMS• OT-484-2913 dated 07.10.1989. Summary for the Chief Minister could not be verified, as the available in the DG Cell was burnt in fire incident on 29-05- 2013. The working paper was placed before the exemption Scrutiny Committee at page no. 105/c of the property file of Plot No. 287 Block C, Sabzazar Scheme wherein the Committee recommended to cancel the plot because the then Director General. LOA has forwarded the proposal for allotment of plots in the summary for the Chief Minister, Punjab/Chairman, LOA in the following manner.

Summary for the Chief Minister, Punjab/Chairman, LOA may be perused at Para Nos. 1 to 5/N of the property file of Plot No. 287, Block C, Sazbazar Scheme.

S. Name & Designation Plot No. No.lBlock 1. Mr. Muhammad Hussain Coach 287-C (WAPDA) 2. Mr.Ghazanfar Ali Chaudhary Umpire 288-C Divisional Sports Or:g_anizer 3. Ch. Sardar Muhammad Khan 289-C

LOA in its reference has stated that 'At Para No. 5 in summary for the Chief Minister, Secretary to Chief Minister has noted as below:-

"Chief Minister has seen and approved the proposal at Para 2(3) ante."

LOA in reference has further stated that the Committee for the unverified summary observed that the then Chief Minister has only approved the allotment of Plot No. 289, Block-C, Sabzazar Scheme in favour of Mr. Muhammad Hussain was made inadvertently. Minutes of Exemption Case Scrutiny Committee held on 05-11-2014 are annexed at Page No. 111/c of Property file of Plot No. 287, Block C, Sabzazar Scheme.

Therefore, a show cause notice was served to Mr. Muhammad Hussain for cancellation of allotment in his name and in response he has submitted the documents for supporting his stance of allotment. The property of Plot No, 288, Block C and the documents provided by the applicant reveal that the then President General Muhammad Zia-ul-Haq had given his consent to allot a plot of 10 to 20 Marias for the Capitan and Coaches/Trainers of WAPDA and Police Kabbadi Teams on 31-12-1986. Thereafter Secretary HP & EP Department

2 ·. submitted a summary for the Chief Minister on 22-06-1987 containing the proposal for allotment of plot to Mr. Muhammad Hussain, Coach WAPDA Sports Board Lahore alongwith four other members of the Committee Team. The above said summary along with Chief Minister's Directive No. (C) CMS-Ot- 484-2913 was received in the office of Director General, LOA wherein Chief Minister desired to submit a report for allotment of plot in Sabzazar Scheme in compliance with the directive of President of . In continuation of previous approval for allotment of plots by Chief Minister, Punjab on 9-7-1987 a summary for the Chief Minister, Punjab/Chairman LOA was forwarded by Director General, LOA, wherein a proposal was forwarded for allotment of plots to all Captains and Coaches of Kabbadi Team for their splendid performance in their respective fields and due to contradiction, contrary to spirit of previous approval and summary, the approval of allotment was accorded to Sr. No. 3 only i.e. allotment of Plot No. 289, Block-C Sabzazar Scheme in favour of Ch. Muhammad Sardar Khan, therefore the Plot No. 287 Bolck-C Sabza ]zar Scheme has been cancelled in the name of Mr. Muhammad Hussain, Coach WAPDA Kabbadi Team."

3. Mr. Muhammad Hussain appeared on 04-05-2016 and recorded his statement on oath. He contended that a National Kabbadi Championship was organized on ze" October 1986 in Army Stadium Rawalpindi where the President of Pakistan was the Chief Guest in the final match which was played between WAPDA and Pakistan Police. He was the Coach of WAPDA team. Later President of Pakistan issued a directive that Provincial Governments to consider the allotment of plots to Coaches, Captains and Trainers near to their home towns. A summary was sent to Chief Minister on 01-07-1987 vide no. Director General LOA (PS) DEM/706 under which Plot No. 287 Block-C, Sabzazar Scheme was allotted to him. He deposited Rs. 24000 on 06-10-1990 in pursuance of letter of LOA No. DEM/LDAIAD-III/1128 dated 09-09-1990 as a cost of plot. The possession of the plot was handed over to him on 06-01-1991 and He got approval of the plan vide letter No. BAl224/sz/2548 dated 12-10-2001 after filing the application on One Window. At the site a two storey house is constructed in which he is residing. He pleaded that the plot was allotted in transparent manner and the objections of LOA have no foundations. He submitted copies of relevant documents mentioned in his statement. 4. The LOA has referred the dispute in term of sub section (4) of section 32 of the LOA (Amendments) Act, 2013 reads: (4) The Authority or any officer so authorized by the Authority, on its own motion or on the application of any person, may refer any matter to the Commission for consideration, resolution and decision if a prima facie case is made out.

5. The contentions of both LOA and the applicant have been examined in the light of record available. The original file SZR-287-C (which will be mentioned as Plot file) pertaining to allotment of Plot No. 287 Block-C, Sabzazar Scheme to Muhammad Hussain and case files No. SBZ 288-C and SBS 289-C have been perused.

6. LOA at para No. 169 of noting of the plot file has admitted that the applicant deposited amounts against the plot no. 287 Block-C Sabzazar Scheme, the possession of the Plot was handed over to him, the building plan was approved on 12-10-2001 and a double storey house stands constructed and Muhammad Hussain is residing therein. The only objection against the allotment of plot in the name of Mr. Muhammad Hussain is that the allotment was not approved by the Chief Minister, although issuance of allotment letter by LOA is not denied,

7. Housing, Physical and Environment Department's Summary for Chief Minster for allotment of plots was submitted on 22-06-1987 with reference to above mentioned President's directive in which it was proposed to allot plot of in Millat Town Faisalabad to Mr. Muhammad Latif Captain WAPDA team. But the department showed its inability to allot plots in Housing Schemes sponsored by HP&P Department due to non• availability. However it suggested to allot plots to remaining persons mentioned in the Summary by LOA. The name of Muhammad Hussain was mentioned at S.No. 2 of para of the summary. Director General on the Summary at para 8 recorded following comments:

"It is submitted that only three members out of the list of 7 are from Lahore. At present plots of 5 marla are available for allotment against Chief Minister's discretionary quota of the Sabzazar Housing Scheme. If Chief Minster agrees the same can be allotted to the applicants."

The Chief Minister approved the proposal at para 4 and para 8 ante. As a result the allotment of plots approved to Mr. Muhammad Lateef, Mr. Muhammad Hussain, Ghazanfar Ali Chaudhary and Ch. Sardar Ahmed Khan. This fact is proved from the note of Director General at para 12 of the summary which states as follows:

"In compliance with the orders of the Chief Minster Plots No. 287, 288 & 289 Block 'C' (rneasun 5-marla each) of

4 Sabzazar Housing Scheme have been allotted to Mr. Muhammad Hussain, Mr. Ghazanfar Ali Ch. and Ch. Sardar Mohammad Khan respectively against Chief Minister's discretionary quota of the said scheme"

However the Director General sent the allotment letters to Chief Minister for approval before issuance vide para 13 of the summary. Apparently this summary was misplaced in the Chief Minister's Secretariat because the Chief Minister vide its directive No. SO (C )-CMS-OT-484-29113 dated 7- 10-1989 again called a report on allotment of plots on the application Pakistan Kabbadi Umpire Association. In response to that directive LOA submitted another summary, on which LOA is now basing its argument for cancellation of plot to the applicant. In this Summary LOA informed Chief Minister that it has already proposed three plots mentioning the plots numbers against each individual e.g. Mr. M. Hussain, Mr. Ghazanfar Ali Chaudhary and Ch. Sardar Ahmed Khan. The Summary was for information and orders if any. On this summary the Chief Minister approved para 2 (3).

8. The Commission after perusing the record, the statement of the applicant and the circumstance of the case has reached to the conclusion that:

a) That the Chief Minister has allotted plots to three persons mentioned in the list who were residents of the Lahore from his discretionary quota on 09-07-1989 in Sabzazar Housing Scheme. An order passed by a competent authority cannot be altered by the sub-ordinate authority on the grounds of errors and omissions in the subsequent correspondence unless it is specifically withdrawn by the same authority.

b) The summary of LOA dated 25-10-1989 was just for the information of the Chief Minister mentioning the specific number of each plot which was being allotted to each individual.

c) Chief Minister Secretariat erred in while communicating the orders without going through its own record and considering this fact that the approval to all three individuals for allotment of plots have already been granted.

d) The allotment letter was issued by LOA to the applicant, a fact which is not denied. No fraud was committed by the applicant neither has been alleged to have been committed by any LOA official. He was given possession of the plot. The building plan was approved and he has constructed a house, -

5 \ ' and residing therein as reported by Estate Branch OEM II. The applicant therefore cannot be made a victim of bureaucratic inefficiency when a right has accrued to the applicant.

e) The applicant has already paid full amount of plot reserved for allotted plots. As such no loss has been caused to LOA.

9. In view of above discussion, the Commission recommends that the cancellation letter no. LOAlOEM-II/5750 dated 26-10-2015 may be withdrawn as the allotment was rightfully approved by the Chief Minister. ~(11J_ (JavaidAkhtar~~ .o~- (-b Member, LOAC

Announced 18-05-2016

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