BEFORE LAHORE DEVELOPMENT AUTHORITY COMMISSION, LAHORE PRESENT: Mr. Javaid Akhtar, Chairman Mr. Muhammad Yousaf, Member Reference No. 54/2017 Mst. Saima Munir wlo Munir Ahmed RIo House No. 469, Nishtar Block, Allama Iqbal Town, Lahore Vs. Applicant 1. Lahore Development Authority through Director General, 467/0-11, Main Boulevard, M.A. Johar Town, Lahore. 2. Director, Land Development-I, 467/0-11, Main Boulevard, M.A. Johar Order Town, Lahore. Respondents Mst. Saima Munir wlo Anwar Farooq through her husband submitted an application at 'One Window' on 12.11.2016 vide receipt No. 2306823 for filing reference to the LOA Commission. The Authorized Officer under sub-section (4) of section 32 of 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 23.06.2017. It was entered in the Institution Register at Serial NO.54 of 2017. Notices were issued to the applicant, the Director General LOA and Director Land Development-I, Deputy Director Estate Management and other witnesses. The statements of the Ch. Farhat Abbas original allottee, Abdul Majeed witness and Wasif Rashied Deputy Director IT LOA were recorded. File of the Plot No. 180, Block H-I MA Johar Town, attached with the reference by the Estate Management Directorate-I (hereinafter referred to as ~ plot file) was examined. 2. According to the ref~rence filed by the LOA; "Brief history of the case is that in pursuance of C.M. Directive No. SO(C)/CMS/1273(A)/88 dated 25.05.1988 Plot No. 526, Block-B, measuring 7 marla of Johar Town was proposed in the summary to be allotted to Ch. Farhat Abbas Anwar. Allotment letter of plot No. 526, ~lock-d measuring 7 marla was issued in favour of Mr. Farhat Abbas 1 ~AA "M~-------=-:-:-"1.--
on 30.6.1988. The allottee submitted application for exchange of plot taking plea that Plot No. 526-0, Johar Town falls in front of Graveyard. Vide letter dated 13.8.1988 Plot No.526-0, Johar Town was exchanged with Plot No. 566-0, Johar Town. Note available at Page- 27/C of file reveals that approval for this exchange was got confirmed by the then Deputy Director Colonies from the OG, LOA on 2.8.1988. Recovery Memo of Plot No. 566-0, Johar Town was issued on 14.9.1988. Possession order was issued on 06.10.1988. Physical Possession letter was issued on 27.10.1988. Plot No. 566-0, Johar Town reported to be a part of private scheme namely Samanzar, therefore, this plot was exchanged with Plot No. 180, Block-H/1, M.A. Johar Town. Plot No. 180-H/1, Johar Town was transferred in favour of Mst. Samina Munir on 13.6.2008 and transfer fee has been verified by Accounts Branch at para-144/n. DBA report has also been obtained which is placed at page-223 to 239/C of the file according to which exchange of plot has not been verified from the Computerized record. However, exchange proceedings are available at para 58 to 59/N. The instant case has been perused in the light of TORs and as per record facts are narrated in the tables given below:- 1. ALLOTMENT STATUS All ott Originally Exchan Bloc Sche Area Date of Summ Repor ee allotted Plot ged with k me exchan ary t from Name No. with Plot No ge Status em date. Quota List Mr. 526-0, Johar 180 H/1 Johar 160. 5.3.2002 Availabl Not Farha Town dt. Town 91 (Page- eis entere t 30.6.1988 SQM 53/C) original d In Abba (Page-5/C) at para- the s exchanged 1 to 5/N list. with Plot No. 566-0, Johar Town on 13.8.1988 (Page-21/C)... Further exchange with plot No. 180-2
j - - --- H/1, Johar Town on 5.3.2002. (Page-53/C). Moreover, exchange of plot no. 180, Block-H/1, M.A. johar Town IS not verified the from computerized record. 2. PAYMENT STATUS Date of deposit of cost Date of Date of Date of amount of plot Issuance of Deposit of ve rifi cati 0n recovery memo Balance Cost 20.7.1988 3.10.2007 19.8.1988 Assistant Director & (Page-67/C) Deputy Director Revenue vide para 85 to 92, 144 to 147 of the file has verified the deposited amount on Note. 1. DBA Report has been obtained and is placed at Page-223 to 239/C. II. According to para 372/N no legal case is available in the file moreover no P has been issued against this plot. iii. Original documents of Plot No. 566-D, Johar Town i.e. Recovery Memo, Possession Order, deposited challans, physical possession letter and allotment letter of Plot No. 566-D, Johnar Town are retrieved from the applicant and are placed in the file. 3
3. POSSESSION REGISTER, TOWN PLANNING AND SITE REPORT. Possessi Verification Possession Site Report Town Planning Report on Order on of Register Report Report Possessio n Order Possessi It could not Estate Branch Vide para- Vide para-182 of file the on Order be verified vide para-159 of 170 Estate TP Wing has reported that was due to non the file has Branch has most of area of Plot No. issued availability reported that reported that 566-0, Johar Town falls in on of Dispatch Physical a boundary private scheme namely 22.2.200 registers Possession of wall has Rehmanabad. Super 2 (Page- Plot No. 526-B, been Imposition is placed at 81/C) Johar Town has constructed Page-195/C. been handed over Plot no. Vide Para-201 of file TP over to Mr. Irfan- 566-0, Johar Branch has further ul- Town. reported that building plan Haq/exemptee of Plot No. 566-0, Johar In file Estate Town has been sanctioned NO.JT/AP/956/A Branch vide in favour of Farhat Abbas /3237 on para-283 & on 9.10.1990. Completion 19.6.1990. 288 of file Certificate has not so far Estate Branch has reported been issued. vide para-158 of that Plot No. Vide Para-258~& 259 TP file has reported 180-H/1, Branch has reported that that physical Johar Town building files of Plot No. possession of is lying 526 & 527 Block-O and Plot No.526-0, vacant at 180-H/1, Johar Town are Johar Town has site. not available in their not been record. handed over to any allottee/exempt ee. Estate Branch has further reported that physical possession of Plot No.566-0, Johar Town has been handed 7 4 ~i_d ~ D/.((-'2.0J 1-
over to Farhat Abbas on 11.10.1988. Para-165/N IS also referred in this regard. However, vide para 226/N entry regarding handing over of physical possession of plot No. 566-0, Johar Town Scheme In favour of Farhat Abbas has been cancelled on 29.4.2014. Estate Branch vide para 286 of file has reported that physical possession of plot No. 180- H/1, Johar Town has been handed over to Mr. Farhat Abbas on 25.4.2008. 4. OWNERSHIP STATUS Allottee Name Date of Transferee Name Date of Transfer Allotment ---- Mr. Farhat 5.3.2002 Mst: Saima Munir (Page- 13.6.2008 Abbas (Page-. 117/C) Transfer fee has 53/C) been verified vide para-144/n ~.II."2.-"1 1- I I~._ 5
Now, the applicant vide his application received through One Window Cell, LOA has submittedlaimed that he is a bonafide transferee of Plot No. 180, Block-H/1, M.A. Johar Town Scheme, therefore, his case may be placed before the Bonafide Purchaser Commission for decision. In view of the request of the applicant, the case may be placed before the Bonafide Purchaser Commission for decision please." 3. LOA has verified the allotment of plot No. 526, Block B, MA Johar Town to original allottee. It has also confirmed the exchange of this allotted plot with a plot No. 566 Block 0, MA Johar Town. But since new plot allotted was a part of a private housing scheme namely 'Samanzar', this plot was also exchanged. LOA has verified that the Plot No. 180 Block H-I, MA Johar Town was transferred to the Applicant and also confirmed the deposit of transfer fee. The Estate Branch of LOA has reported that physical possession of the plot was handed over to original allottee (para 286 of plot file). However in reference it has been contended that this plot No. 180, Block H-I MA Johar Town was not allotted in exchange to the Allottee. The objection of LOA against the claim of the Applicant over plot No. 180 Block H-I, MA Johar Town was on the grounds that the Computer Branch has not verified the allocation of this plot. LOA in its reference has not indicated the number of plot which was allotted in lieu of the plot No. 566 Block D. However in the para 395/N Deputy Director Computer section has stated that Plot No. 285 Block N, MA Johar Town was allotted in lieu of Plot No. 566 Block 0, MA Johar Town on 11.02.2002. 4. Ch. Farhat Abbas slo Ch. Muhammad Anwar in his statement on oath before this Commission contended that plot No. 526 Block 0 MA Johar Town was allotted to him under CM Quota which he sold to Abdul Majeed owner of Waqqas Estate in the year 2006. He did not know that the plot has been exchanged with the plot No. 180 Block H-I, MA Johar Town. He sold the plot No. 566 Block 0, MA Johar Town to Abdul Majeed against a sum of RS.15 lacs. However the property dealer got signed from him in 2006 the Transfer Application (page 0087) and Affidavit (page 0089) in the plot file. Mr. Abdul Majeed slo Ali Muhammad witness claimed that he purchased the plot No. 180 Block H-I, from Ch. Far'hatAbbas and sold to Mst. Saima Munir against a sum of RS.31lacs. He received the amount from her through cheque. This plot was exchanged in lieu of a plot which has fallen in 'Samanzar Scheme'. He identified his signature as a witness on the Application of transfer of Plot 6
No. 180 Block H-I, MA Johar Town in the name of Mst. Saima Munir by Mr. Farhat Abbas. 5. Mr. Wasif Rashid Deputy Director IT LOA in his statement reiterated his findings in para 390-396 of Plot file and claimed that Plot No. 180 Block H-I was not exchanged with the plot No. 566 Block 0, MA Johar Town. He explained the balloting process and data entry of allotment. He confirmed that balloting for the plot was held on 11.02.2002 but he denied that plot No. 180 Block H-I was allotted during the meeting of Allocation Committee. He maintained that 'Balloting Report on Computerized Allocation of plot' available at page 00119/C of the plot file was not issued by IT Department and claimed that this was bogus one and may have been prepared at any computer. He was confronted with page 00012 of the note portion of plot file particularly paras no. 56-59/N which shows that Plot No. 180 Block H-I, MA Johar Town was allocated on 11.02.2002 by the Allocation Committee. But he was adamant that plot No. 285 Block N, MA Johar Town was allocated on 11.02.2002. He also had doubts about the authenticity of signatures of officers on the Balloting Report available at page 00119/C of Plot file. About the security features of Database he informally explained that only he and Director CS had the access to the data maintained regarding allocation of plots and which only they can alter or change through the passwords allotted to them. 6. Perusal of the plot file revealed that, on the report of Estate Management that plot No. 566 Block 0 MA Johar Town has fallen on the boundary of Private Housing Scheme, the exchange of plot on dully filled proforma was forwarded to CMP which was received by his office on 06.02.2002. Mr. Shaukat Jamal Khawaja CMP in his note in his own handwriting at paras 58-59 recorded the followings; "58. The case has been forwarded by OEM office for allocation of alternative plot No. 566 D. As far as the entitlement and declaring of the genuineness of the right of the person is concerned it the responsibility of OEM office. Similarly if approval of any competent authority is required in this change of plot the same is to be cleared by OEM office. 59. Computer balloting was held on 11.02.2002. Computer has allocated plot No. 180 Block H-I. Copy of the computer printout is attached please." The file was routed back through Director Estate Management Mr. Ahmed Ghazali and Deputy Director Estate Management. The Estate Management Directorate of LOA issued letter No. 1485 dated 05.03.2002 and informed the Alottee that plot No. 180 Block H-I, MA Johar Town has been allotted in 7 ol.«(,~f7--
I - exchange of Plot No. 566 Block 0, MA Johar Town. LOA received the balance amount of Rs. 5361/- on 03.11.2007 from Mr. Farhat Abbas in respect of Plot No. 180 Block H-I, MA Johar Town. The possession of this plot was handed over to him on 25.04.2008 vide letter no. 2964 dated 19.05.2008. (page 00083). In the plot file controversy emerged about the number of plot exchanged, when DO CS raised the objection. 7. In order to verify the claim of Deputy Director CS that Computer Report at page 119 regarding allocation of plot is bogus, the file was sent through Muhammad Usman Private Secretary to the Chairman LOA Commission to Mr. Aqeel Ahmad former Director CS for his perusal and verification of his signature. He on the Computer Report at page 00119 has verified his signature dated 11.02.2002. He on telephone to Chairman of this Commission also confirmed his signature. Mr. Ahmad Ghazali the then Director Estate Management in a separate note (page 14/N Reference file) verified his signature on page 12 of Note portion of plot file below the hand written note and signature of CMP. Mr. Shaukat Jamal Khawaja could not be contacted but since on the same page Mr. Ahmad Ghazali has verified the signature there is no reason to doubt the hand written note of the then CMP. In the presence of the written note of Shaukat Jamal Khawaja CMP (paras No. 58-59 of plot file) who acted as Chairman of the Allocation Committee, verification by Mr. Ahmad Ghazali of his signature below para 59 and verification of his own signature by the then Director CS on Computer Report, there is no doubt that the Plot No.180 Block H-I was allocated by the Committee and later LOA issued the allotment of the said plot in exchange to Mr. Farhat Abbas on 11.02.2002. 8. Directorate Land Development-I had transferred the plot No. 180 Block H-I Johar Town to Mst. Saima Munir on 13.06.2008 and had not objected about allocation of this plot. Its possession was also handed over to Allottee by the Estate Management. It has not been claimed anywhere in the file or reference that plot No. 285 Block-N MA Johar Town was allotted to Mr. Farhat Abbas or his successor in interest. It appears that Directorate Land Development-I only relied on the report of Deputy Director CS and did not scrutinize the record available. However the controversy regarding the number of plot allocated during the proceedings of Allocation Committee on 11.02.2002 leads to concern about the data security in Computer Section. This suggests that data maintained in respect of number of plot has been manipulated. Director CS th-erefore may look into the matter.... _1 \,"4-#. t/_--_ii- to /1 8
9. From the examination of record and the statements recorded it is evident that: I. the Plot No. 526 Block B, MA Johar Town was allotted to Mr. II. III. IV. Farhat Abbas s/o Muhammad Anwar which was later on exchanged with plot No. 566 Block 0, MA Johar Town. subsequently the plot was exchanged on the recommendation of the Allocation Committee and plot No. 566 Block 0, MA Johar Town was exchanged with Plot No. 180 Block H-I MA Johar Town. This plot was sold to Mst. Saima Munir the Applicant. there is nothing on the plot file to prove that Plot No. 285 Block N, MA Johar Town was allotted or exchanged to the Allottee or his successor in interest. The possession of this plot No.285 Block N, was not given to anyone but according to site report (para 385 plot file) it is under illegal occupation. the Applicant was a bona fide purchaser who purchased the plot after payment of full and fair price of the plot. 10. In view of the above discussed facts, the record perused and the evidence examined, recommendations of the Commission are as under:- I. The Applicant will be allowed to retain the plot No. 180 Block H I, MA Johar Town. The title of the applicant or her successor in interest at no stage, shall be called in question by the LOA and the cases for sanction of the building plan, commercialization, issuance of NOC, further transfer etc. in respect of the above plot shall be processed by the LOA as per relevant rules/policy in vogue. II. Director General LOA shall direct Director CS to ascertain the causes that why there is discrepancy between records in the file, which has been verified by the then concerned officers, and in the database of Computer Section? He shall submit a report about the issues raised in Para 8 above to the Director General. iii. Even if any doubt emerge regarding allocation of Plot No. 180 Bock H-I, MA Johar Town due to proceedings as recommended in sub-para ii above, the rights transferred to the Applicant related to this plot shall not be called in question. She had the entitlement and right of transfer of one plot in lieu of the plot originally allotted of the same size since she paid full dues of the plot. 9
iv. Director General shall order an inquiry regarding illegal possession of the plot No. 285 Block N without any valid possession order and retrieve it, if no valid document of allotment is prod ced the occupier. Announced 07.11.2017 Chairman, LDAC 10