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Civil Petition No. 1036 of 1981, decided on 6th May, 1985.

(Against judgment and order dated 1‑11‑1981 of Lahore High Court in R.S.A. No. 804 of 1980)

‑‑‑Art. 185(3)‑‑Leave to appeal granted to examine inter alia whether after holding as a fact that Lahore Improvement Trust had at an earlier stage sanctioned private Scheme submitted by petitioner, it could be allowed to plead that it had no power to sanction it, nor had a duty to get it sanctioned from Provincial Government and in framing Schemes in future it could altogether ignore its earlier sanction.

Ch. Khalil‑ur‑Rehman, Senior Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioners.

Farooq Zaman, Advocate Supreme Court and Hamid Aslam Qureshi Advocate‑on‑Record for Respondent.

Date of hearing: 6th May, 1985.

Leave to appeal is granted to the petitioner to examine, inter alia whether after holding as a fact that the Lahore Improvement Trust had at an earlier stage sanctioned the Private Scheme submitted by the petitioner (issue No.2), it could be allowed to plead that it had no power to sanction it, nor had a duty to get it sanctioned from Provincial Government and in framing Scheme in future it could altogether ignore its earlier sanction.

The petitioner shall be responsible for getting the appeal ready and complete in all respects for hearing within two months from today.

The extent to which the plaintiff owned the land on the date of notification shall meanwhile stand excluded from implementation of the impugned Scheme. For getting the exact area so excluded determined the petitioner shall approach and satisfy the respondent.

The record of the trial Court be called for and made available at the hearing.

M. Y. H. Leave granted.

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