BEFORE LAHORE DEVELOPMENT AUTHORITY COMMISSION, LAHORE PRESENT: Mr. Javaid Akhtar, Chairman. Mr. Muhammad Yousaf, Member. Vs.

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1 .. BEFORE LAHORE DEVELOPMENT AUTHORTY COMMSSON, LAHORE Reference No. 28/206 PRESENT: Mr. Javaid Akhtar, Chairman. Mr. Muhammad Yousaf, Member. Mrs. Zainab Masud Zain wlo Masud Zain Ro 5 Al2, 9th Street, Off Khayaban-e-Tauheed, DHA Karachi. Vs. Applicant. Lahore Development Authority through Director General, 467/D-, Main Boulevard, M.A. Johar Town, Lahore. 2. Director, Land Development-, 467/0-, Main Boulevard, M.A. Johar Town, Lahore. Respondents Order " " j Mrs. Zainab Masud Zain wlo Masud Zaman submitted an application at One Window on vide receipt No for filing reference to the LOA Commission. The Authorized Officer under subsection (4) of section 32 of the LOA (Amendment) Act, 203 read with subrule () of the Rule 7 of the Lahore Development Authority Commission Rules, 204, referred the case to the Commission which was received on t was entered in the nstitution Register at Serial No.28 of 206. Notices were issued to the applicant, the Director General LOA and Director Land Development-, Land Acquisition Collector, LOA and Patwari Halqa Thokar Niaz Beg. The statements of applicant, witness Laiq Yameen Khan and Muhammad Nisar Patwari LAC were recorded and record of Patwari and LAC branch of LOA was consulted. The documents produced by the applicant, patwari halqa Thokar Niaz Beg and LAC were examined a'nd photo copies thereof placed on the reference file. File of the plot No. 340, Block-H, attached with the reference by the Estate Management Directorate- (hereinafter referred to as plot file) was examined. 2.. According to the reference filed by the LOA;

2 \ ' ",, "One Mr. Shafqat Hussain Slo Muhammad Shahamat Khan was awarded owner of land measuring 03K-7M falling in khasra No. 567, 572, 577 and 579 of Mouza Niaz Baig, Lahore. Exemption was granted in shape of one plot measuring 0 Kanal and one plot of 72 SaM to Mr. Shafqat Hussain by the then OLD on vide para 57/N. Allocation committee allocated plot no. 340 block-h/3 (measuring 420 SaM) and plot No. 573-A, block-j/2 (measuring 72 SaM) of M.A. Johar Town Scheme, Lahore vide para 63/N. Allocation letter regarding plot no. 340 block-h/3 was issued in favour of Mr. Shafqat Hussain Slo Shahamat Khan through GPA Amir Masood vide letter no. JTNB46/2263 dated (Page 33/C). Exemption letter was issued in favour of Mr. Shafqat Hussain Slo Shahamat Khan through GPA Amir Masood vide letter no. JTNB46/3962dated (Page 47/C). Later on the GPA in favour of Amir Masood was revoked and new general power of attorney in favour of Sheikh Hafeez Ahmad Slo Sheikh Muhammad smail was executed on (Page 57-7). Possession order was issued in favour of Mr. Shafqat Hussain Slo Shahamat Khan through GPA Sheikh Hafeez Ahmad vide letter no. JTNB/46/005 dated (Page 73/C)....: Later on Mr. Shafqat Hussain Slo Shahamat Khan through GPA Sheikh Hafeez Ahamd transferred the plot no. 340 block-h/3 in favour of Mst. Zainab Masud lain wlo Masud lain vide letter No. JT NB--46/23588 dated (Page 7/C)., -, ', '...:...: An application for extension in building period vide OWO No dated received from Mst. Zainab Masud lain (page 29/C). The case was forwarded to Land Acquisition Collector, LOA for verification of ownership of exemptee. The office of LAC, LOA reported at para 24/N that Mr. Shafqat Hussain Slo Shahamat Khan was awarded owner of land measuring 5 Kanal and 8 Marias in khasra no. 577 and 579 etc. but later on different amendments have been recorded on award, therefore verification of ownership from Consolidation Officer is required. Later on, Land Acquisition Collector, LOA in its report dated reported at Para 54/N that Shafqat Hussain has sold excess land and amendments have been made in award. So, Mr. Shafqat Hussain is no more awarded owner in Khasra No. 577 etc. As Show-Cause notices dated were also issued to the transferees of the plots allocated to Mr. Shafqat Hussain S/o Muhammad Shahamat Khan. 2

3 3. n light of reports obtained from different quarters, LDA made following observations about the instant case:..:..:. Report of Land Acquisition collector, LDA available at para 54/N. As per report of LAC, LDA Shafqat Hussain has sold excess land and amendments have been made in award. So the original exemptee Mr. Shafqat Hussain is no more awarded owner in Khasra No. 577 etc. 2. Credit verification report available at para 58-6/N. All amounts including first demand notice for development charges, final demand notice, sui gas charges, publication fee and transfer fee in respect of plot no. 340 block-h/3 stands verified by the directorate of Revenue. 3. The status of plots No. 340 Block-H/3 in possession register and at site was sought from Directorate of Estate Management, LDA. Concerned branch has reported at para 64-67/N that possession of plot no. 340 block-h/3 was handed over to Shafqat Hussain through GPA Sheikh Hafeez Ahamd on As per site report provide by the SE~, LDA a boundary wall is constructed at site of plot No. 340 block-h/3 of M.A. Johar Town, Lahore. 4. Report of Town Planning Directorate is available at para 7/N which shows that no building plan sanctioned against the said plots by the TP wing. 5. The list of files under scrutiny is consulted and the instant file is not included in those files which are under scrutiny. 6. nstant file is not included in the list of missing files which were published in nstant file is included in the inventory list created in year 2008." 4. Zainab Masud Khan, the applicant appeared on and submitted a written statement (Mark) and also recorded her statement on oath. She contended that she purchased plot No. 340, Block-H/3, M.A. Johar Town which was transferred in her name after calling objections through an advertisement in the press. She got help of Mr. Laiq Yameen for the purchase of plot, who was working as Architect in LDA building, and " was a friend of her brother Ali Akbar Hussain. She entrusted him to complete the sale transaction. For purchase of plot she paid initially Rs.,85,000. She also produced copies of the correspondence with Laiq Yameen Khan regarding purchase of the plot. According to document submitted by her a total amount of Rs. 7,63,760 was paid including the amount for taking over possession of the plot. She claimed that the plot is 3 ~d\.vlt-

4 -,. still in her possession and she has erected a boundary wall. She claimed that she came to know about the shortage of land in the ownership of exernptee when she applied for NOC.,. Mr. Laiq Yamin appeared on and submitted a written statement. Since composition of the Commission was incomplete his statement was not recorded. On the notice of the Commission, he appeared again on and recorded his statement on oath. He reiterated the contents written in the statement and explained that he was working in a World Bank Project and the office of that project was located in the LOA building. During that period he came into contact with LOA Town Planning Wing. n order to help the applicant to purchase a plot, because she was living in Karachi, he approached Deputy Director Town Planning Abdul Qayum Shiekh who referred him to Mr. Abdul Hafeez a property dealer who held power of attorney of the exemptee. Abdul Hafeez showed him the property documents and got completed paper work. He admitted that transfer application was signed by him and Abdul Hafeez as witnesses and they both attended the office at the time of transfer. He confirmed the payments made by the applicant to Mr. Abdul Hafeez in his statement. He informed that Abdul Hafeez has passed away some six or seven years back...., > 5. n its reference LOA has not exactly determined that how much shortage of land took place in the ownership of Mr. Shafqat Hussain. The reference has been based on a report of LAC Patwari in Para 54 who presumed the shortage of the land owned by Mr. Shafqat Hussain on the grounds that there were too many entries with red ink in the Award. Previously vide para 39/N LAC patwari had recommended to obtain the report of Consolidation Department about the ownership of Shafqat Hussain. A letter was written by LAC office to the Deputy District Office Consolidation on but the matter was not pursued. The statement of Patwari Muhammad Nisar of LOA was recorded who admitted that LAC branch has only submitted report about reduction of area under " ownership of Shafqat Hussain vide para and 54 and in these reports the exact reduction in area has not been indicated. He also stated that in addition to these reports LAC office has not submitted any other report.,, Directorate of Land Development- was supposed to first determine the exact shortage in ownership of land in lieu of which the plot No. 340, Block H was exempted. Thereafter show cause notice of cancellation No. LDAlDLD-/JT-NB-/46/666 dated would have been issued. in finalizing the application for extension of building period and 4 ~7

5 ' '~ issuance of show cause notice without determining the exact defect in the land ownership of the exemptee has only caused mental agony to the applicant...,, 6. When the doubt about land ownership of Shafqat Hussain came to surface, instead of determining the present status of land ownership of Shafqat Hussain the applicant was asked to get chant from the Patwari which she did. A copy of report of Patwari regarding ownership of Shafqat Hussain is also available in the linked file No. JTNB 46-A related to Plot No. 577-A Block J/2 which was also allotted to Shafqat Hussain (pages of linked file), which shows that transferees were asked to get the Chant of ownership of Shafqat Hussain but LDA did not consider these reports while sending reference. 7. The reference could have been returned by the Commission with the above observations that the exact reduction in the landownership of the exemptee has not been worked out and reduction in the ownership has been based merely on the presumptions. But to remove any possibility of further hardship to the applicant it was decided to examine the revenue record and determine whether any reduction had taken place in the ownership of the exemptee. 8. The examination of plot file and the revenue record revealed that plot No. 340, Block-H/3, M.A. Johar Town and Plot No 573, Block J/2 were exempted to Mr. Shafqat Hussain in lieu of his land measuring 03K-7M falling in Khasra No. 567, 572, 577 and579, in Mouza Niaz Baig. He was declared awarded owner of 03K-7M after the report of LAC and the exemption was allowed with the approval of Director General LDA as per prevalent instructions at that time since the exemption was above 07Marla. During the Consolidation Mohammad Shahmat Khan slo Maula Bakhsh father of the exemptee, became owner of land measuring 946K-07M in Kahta No. 703 in 06 pieces. While his heirs became owner of land measuring 279K-M in Khata No The inheritance of Khata No 703 was transferred to inheritors vide Mutation No sanctioned cis Mr. Shahmat Khan passed away on As per chant prepared by Patwari Halqa (page 3 & 3/C of Reference file) the inheritors of Muhammad Shahmat Khan namely Hakim Bibi and others were owners of land measuring 29K-M (26 pieces) which was acquired by LDA in Mouza Niaz Baig. The copy of Award dated shows that possession of Khasra Nos. mentioned in Chhants were taken over by LDA. ~r. Shafqat Hussain slo Muhammad Shahmat Khan issued a power of 5 ~t4''r-

6 .~, Attorney on (Registered by Sub-Registrar on ) in the name of Mr. Aamir Masud slo Masud Ahmad Rio 74 Shah Jamal Colony Lahore to get the exemption of 03K-08M land against his ownership in Khasra No. 579, 577, 572 and 567. Later this Power of Attorney was cancelled vide Registered document No 342 dated and a new power of Attorney was issued on in the name of Sheikh Hafeez Ahmad slo Sheikh Muhammad smail Rio Oilsahd Street No. 8/8 Shalimar Town Lahore for land measuring 03K-7M for the same khasra numbers and authorized him to get exemption from LOA. The exemption of two plots against these Khasra Nos. were issued in the name of Shafqat Hussain. Therefore Shafqat Hussain himself got the exemption against 03K-7M land and he is responsible to surrender 70% land to LOA in lieu of which exemption was granted...: As per Chhant prepared by Patwari Halqa Shafqat Hussain slo Shahmat Khan had 7/76 share in khata No. 703 land measuring 20K-04M against 29K- M land acquired by LOA. According to these reports/chhants (pages 3 & 3-Mark ) Shafqat Hussain has sold land measuring 8K- 4M of his ownership in khasra numbers which were acquired. Another chhant prepared by patwari halqa in the linked file JTNB- 46-A page 83/c also shows that Shafqat Hussain is still owner of land measuring 0 K-04M in Khasra Numbers 567, 572, 577 and 579 against which above mentioned two plots were exempted (page 73 of linked file). These Chhants were prepared before the submission of reference because these documents were available in the plot files. (The fard in page 73 of linked file was signed by Patwari on ). But after submission of reference i.e , the Revenue Officer in pursuance of order of Assistant Commissioner has cancelled the mutation Nos and through which the land measuring 0K-02M and 3K-09M respectively was transferred by Shafqat Hussain, brar Hussain, Ali Hussain and Ghulam Hussain Ss/o Shahamat Khan in Khata No '" As a result of this latest development Shafqat Hussain is now entitled to 07K-02M land (05K-8M+0 K-04M) in Khata No. 703 being one of joint holder. As per Chhant referred above the owners of Khata No. 703 sold less area 05K- M and 04K-08M in Khasra No. 579 and 577 respectively. Out of total land measuring 29K- M of above mentioned 26 pieces the owners of Khata No. 703 has sold land 20 K-OOMsince they are joint holders of khata. The excess and less sold land can be adjusted among the joint land holders of the Mushtaraka Khata. But it is the duty of LAC LOA as Custodian of land acquired by LOA to prepare a statement after consulting record of LAC, Reve~ue Patwari's 6

7 " Record, record of plots allotted against the holdings in Khata No. 703 and point out shortage or excess of land. The changes in the Revenue Record will not automatically entitle to exemption of new plots. LOA should on every application will determine the exact ownership of his or her share of each Khata holder and exemption granted to him or her and will keep in consideration the Section no. 25B (7) of the Lahore Development Authority Act From the above discussion it is evident LOA did not specify the exact reduction in the area of ownership of Shafqat Hussain exemptee if any, from the Revenue Record. The findings of the Commission therefore are as follows:. The notice for cancellation of exemption of plot No. 340 Block H/3 MA Johar Town was not justified. This notice which had not solid footings on the ground had placed the applicant in mental agonies and financial hardships. ".. Zainab Masud Zain the applicant submitted an application on for extension in building period of the plot No. 340 Block H/3 MA Johar Town Lahore. She filed also applications from time to time as reminders but no action was taken and on under the signature of Asssitant Director (Exemption) she was informed that Shafqat Hussain had sold land more than his ownership and was no more awardee. Whereas from the above discussion in para 8 it is clear that LOA had not pin pointed exact reduction which could be reduced in numbers. The claim of LOA that the land ownership of Mr. Shafqat Hussain had been reduced was premature and without any substance. " " V. The Show Cause for cancellation of plot was issued on vide Letter No. LDAlDLD-/JT-NB-/46/666 but plot was not cancelled. However issuance of Notice has created a dispute about the exemption rights of the plot. " 0. The Commission, therefore, in view of sub section (4) of section 32 of the LOA (Amendments) Act, 203 read with sub-section (5) of Section 32 of the Act (ibid) has to consider the present reference to resolve the dispute. The above mentioned provisions of the Act are reproduced below:- "(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 7 ~d(-20)7-

8 to the Commission for consideration, resolution and decision if a prima facie case is made out.". n view of discussion in preceding paras to resolve the dispute between the applicant and LOA, the recommendations of the Commission are as follows: i) The Show Cause notice issued by LOA vide its letter No. LOAlOLO-/JT-NB-46/666 dated be withdrawn since LOA could not defend the defect the title in the exemption. ii) Mr. Shafaqat Hussain had sufficient land to entitle him for exemption of plot No. 340 Block H/3, therefore the applicant was entitled to the exemption rights transferred to her vide LOA letter No. JT-NB-/46/23588 dated iii) The applicant is entitled to all the rights of Exemptee including transfer of exemption rights as per procedure of LOA on payment of charges and fees. Member, LOAC Chairman, LOAC Announced