Find a Lawyer

Writ Petitions Nos. 9850 and 12150 of 1980, decided on 25th November, 1986.

‑‑‑Art. 199‑‑Writ‑‑Allotment of plots in Housing Scheme/Colony by Municipal Committee‑‑Government ordering Deputy Commissioner that due to some dispute amongst councillors of Committee over such allotment, plots should be disposed of through open auction‑‑Municipal Committee expressing no objection to allotment of plots and order of Government prohibiting such allotment also withdrawn‑‑No impediment being left in way of regularisation of allotments in favour of petitioners, writ petitions allowed and relief s/directions prayed for therein granted.

M. Ilyas Khan and M. Ashraf Azeem for Petitioners.

Ali Ahmed Awan for M. Akbar Awan for Respondent No.l.

Khalid Ramday, Addl. A.‑G. for Respondent No.2.

Date of hearing: 25th November, 1986.

This judgment will dispose of Writ Petition No. 9850 of 1980 and Writ Petition No. 12150 of 1980, as facts in each case are identical and similar relief is claimed by the petitioners in both the petitions.

2. Facts necessary for the disposal of these petitions, which are not in dispute, are that Municipal Committee, Jaranwala, respondent No. 1, allotted the plots in its Housing Scheme/ Colony to all the petitioners in the year 1966. Some amount was also received from each petitioner towards the price of the plots. It appears that there arose some disputes amongst the Councillors of the Municipal Committee regarding the allotments of the plots in the Housing Scheme/Colony with the result that the petitioners were neither allowed to deposit 1/3rd price of the plots, nor could the agreements be executed in their favour. The matter was brought to the notice of the Government of Punjab. Secretary, Local Government and Rural Development Department wrote Letter No. SVII‑13‑10/80, dated 24‑11‑1980 to the Deputy Commissioner, Faisalabad, (Annexure 'G' with Writ Petition No. 12150 of 1980) stating therein that: "It has been reported that about 168 residential plots are still lying unallotted in the Housing Colony of Municipal Committee, Jaranwala. These plots have become a bone of contention among different groups of the Councillors of the said Committee. It has, therefore, been decided to dispose of all the unallotted plots in the said colony through open auction by giving publicity in the National Press to the highest bidders except those plots in which stay orders have been granted by the Courts of law. You are, therefore, requested to take further necessary action accordingly."

3. Feeling aggrieved, the petitioners approached this Court in the Constitutional jurisdiction praying that the Respondent‑Committee be directed to accept requisite 1/3rd price from them, to executed agreements with them and also to deliver possession of the plots to them. The petitioners in Writ Petition No. 12150 of 1980 also challenged the legality of the aforementioned letter/order of the Secretary, Local Government, dated 24‑11‑1980.

4. During the course of hearing of these petitions. Mr.Akbar Awan, Advocate appearing for the respondent‑Committee, stated on 3‑6‑1981 that so far as the Municipal Committee was concerned, it had passed a resolution recommending that the allotments made to the petitioners should be regularised and the possession should be delivered to them, but the Government of the Punjab in the Local Government Department have issued instructions forbidding the Municipal Committee from making any allotments. Refer in this behalf this Court's order dated 3‑6‑1981 passed in Writ Petition No. 12150 of 1980. Again on 12‑12‑1981, Mr. Akbar Awan, Advocate stated on behalf of Municipal Committee that "it has no objection of its own to the allotment of the plots to the petitioners and that it had also passed a resolution to that effect on 11‑1‑1981. However, the Government is not prepared to approve of the allotments." Refer to order of this Court dated 12‑12‑1981.

5. Mr. Khalil Ramdey, learned Additional Advocate‑General, submits that the impugned letter/order (Annexure 'G' with Writ Petition No. 12150 of 1980) issued by the Secretary, Local Government, has since been withdrawn.

Mr. Muhammad Hussain, Land Officer of the Municipal Committee, present in Court, owns the afore‑referred statements of Mr.Akbar Awan, Advocate made on 3‑6‑1981 and 12‑12‑1981. He further submits that the resolution passed by the respondent‑Committee on 11‑1‑1981 (referred to in the order of this Court, dated 12‑12‑1981) saying that the Committee has no objection to the allotment of the plots to the petitioners still holds the field and it has not been withdrawn.

6. In view of the position aforestated, the respondent‑Committee having no objection to the allotment of the plots to the petitioners and the impugned letter/order of the Government of Punjab, dated 24‑11‑1981 having been withdrawn, there is no impediment left in the way of the allotments being regularised in favour of the petitioners. Both the writ petitions are, therefore, allowed and the reliefs /directions prayed for therein are hereby granted, but there shall be no order as to costs, in the facts and circumstances of the case.

S. Q. Petitions allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.