1. ' The present application has been moved with a prayer to seek the implementation of the order dated 19-2-2004 whereby this petition was disposed of.
2. ' The facts are that the petitioner has purchased two Plots bearing Nos.66/1 and 66/2, Nail Malir, in 1998 from one Nazeer Ahmed Siddiqui son of Khan Muhammad Siddiqui, the petitioner paid the sale consideration to the owner and a conveyance deed wz^, executed in favour of the petitioner.
3. On 31-2-2002 the petitioner received two offer letters both dated 31-10-2002 from the Government of Sindh, Land Utilization Department Camp, at Karachi, wherein it was stated that the allotment of land initially was made at a price below to the market price. It appears that this letter was issued in pursuance of the Ordinance III of 2001 issued by the Government of Sindh on 3rd of January, 2001 whereby vide section 3 of the Ordinance all allotments after the Ist January, 1985 stood cancelled. It further appears that the matter was taken up by the Committee constituted under section 4 ibid and it was decided by the committee that the petitioner had to pay an additional amount against the two properties. The petitioner, accordingly, by their letter dated 20th of November, 2002 accepted the offer and requested the respondents for issuance of challan and also requested to allow to make the payment in four equal instalments within a period of one year. The request of the petitioner was accepted by the respondents by their letter dated 23-11-2002 and the two challans Annexure H and I to the petitioner were issued. These challans were issued in November, 2002 and the required amount was paid by the petitioner on 25th of November, 2002. The petitioner then kept waiting for receipt of challan for the balance amount, which were never delivered to him, hence the petitioner filed the present petition which was disposed of in view of the statement of learned Addl.
4. A.-G: ' Thereafter, the Government of Sindh by their letter dated 13-8-2004 revised the earlier determined price fixed by the Committee and enhanced the same. This enharizement was also accepted by the petitioner through the acceptance dated 16-8-2004 endorsed on the letter dated 13-8-2004.
5. This letter is filed by learned counsel for the petitioner in Court today and the same is taken on record. This was done in August, 2004 but so far no challan has been issued. Hence the petitioners filed the present application.
6. ' Mr. Ahmed Pirzada, learned Addl. A.-G. Is present along with Mr. Mehdi Ali Shah, Deputy Secretary, and submitted that in exercise of powers conferred under section 6 of the Ordinance III of 2001, the Government of Sindh has framed rules. According to rule 3(2), the market price determined under sub-rule 1 shall be subject to the approval of the Chief Minister. He submitted that in pursuance of these rules, the summary has already been submitted before the Chief Minister for his approval and the department concerned is waiting for the decision.
7. ' A question arose as to how the sub-rule (2) of rule 3 has been framed in pursuance of this Ordinance as there is no provision in the Ordinance itself that the Chief Minister will be the final Authority to approve the determined market price after' the determination of the price by the Committee. Mr. Pirzada submitted that the rules have been framed under the Ordinance and they have all legal force and no department can issue any challan till the decision of the Chief Minister.
8. He, however, has not been able to satisfy the. Court as to how sub-rule (2) of rule 3 empowering the Chief Minister has been framed for the final approval whereas the Ordinance itself is silent as to such powers of the Chief Minister.
9. ' In order to appreciate the matter, the relevant provisions required examination. The Committee has been constituted under section 3 of the Sindh Urban State Land (Cancellation of Allotments, Conversion and Exchanges) Ordinance, 2001 and functions under section 4 thereof which reads as follows:-- "3. Notwithstanding anything contained in any law for the time being in force or any agreement or judgment or order of a Court, but, subject to other provisions of this Ordinance, the allotments, conversion or exchanges of urban State land obtained or granted for residential, commercial or industrial purposes at the rates lower than the market value in violation of law or ban from 1st January, 1985 shall stand cancelled.
4. .. ......
(1) Government may appoint a Committee for carrying out the purposes of this Ordinance.
(2) Where the Committee, after making such enquiry as deemed fit, is satisfied that the allotments, conversions or exchanges of urban State land are obtained or granted for residential, commercial or industrial purposes at the rates lower than the market value in violation of law or ban, it shall determine the amount of loss caused to Government and call upon the person concerned to pay such amount within the stipulated time."
10. ' In exercise of the . Rule making power, available under section 6 of the Sindh Government Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance No.111 of 2001 rules were framed in the month of July, 2002. Rule 3 of the said rules is reproduced as under:-- "3.(1) For the purposes of determining the market price, the Committee shall take into consideration:-- (i)The transfer of land similarly situated and in similar use during the past twelve months.
11. (ii)The valuation table notified under the Stamp Act, 1899 for the purpose of levy of stamp duty at the time of registration of a sale-deed; and (iii)such other modes as deemed fit to provide a fair basis for assessment of such price.
12. (iv)The market price determined under sub-rule (1) shall be subject to the approval of the Chief Minister."
13. We have considered the submissions . Of the two sides and the law and are of the considered view that after Committee decides the market price under section 4(2) of the Ordinance III of 2001 nothing is left to be done except the offer to be made to the party concerned and once the acceptance is received challans are to be issued and the payment is to be made by the claimant/party concerned. The function of determination of the market price is entrusted to the Committee under the provisions of the said Ordinance. It does not attach any condition for subsequent sanction or approval by any other Authority. It is settled law that the rule making power is to be exercised for furtherance of the purpose of the statute but cannot be exercised in a manner as would interfere with the powers or functions of the Authority constituted under main statute or curtail the same. It has been held by the Honourable Supreme Court in case of The Chairman, Railway Board, Lahore v. Messrs M. Wahabuddin & Sons PLD 1990 SC 1034 as under:-- "Rules or bye-laws should neither be in excess of the statutory power authorizing them, nor repugnant to that power, nor violate the limitations under which they have to operate, nor be unreasonable, nor deal with a subject not within their scope, nor exceed the prescribed limits within which the Authority may be exercised."
14. ' As observed above there is no place in the Ordinance for placing the decision of the Committee before the Chief Minister for his approval.
15. ' In view of the above the respondents are directed to issue challans for the remaining amount (accepted by the petitioner by his acceptance on 16-8-2004 on the letter dated 3-8-2004) within 15 days from passing of this order.
16. ' In view of the above, the application stands disposed of.