MUHAMMAD AKHTAR SHABBIR, J.- Facts giving rise to the present writ petition are to the effect that the petitioner is a registered Anjuman in the name and style of 'Jamia Islamia' Jamia Masjid Garden Block, New Garden Town, Lahore registered with Joint Stock Companies, Lahore, One Mukhtar Ahmad Khan son of Muhammad Mohyuddin, resident of 120-A Garden Block, New Garden Town, Lahore, being Nazim-e-Ala of said Anjuman had applied to the respondent No. 1/LDA for sanction of plan as Anjuman has decided to re-construct the mosque due to its miserable condition. Respondent No. 1 had refused to entertain the application and sanction of said plan as well on the ground that plot measuring one Kanal, 7-marlas, 110 Sq. Feet whereupon, the mosque is constructed, is owned by respondent No. 1/LDA and the same can be sold by Directorate of Estate Management and the petitioner had been asked to purchase the same from the concerned department as the place/plot, on which the mosque is constructed is not exempted in the name of the Anjuman.
2. The petitioner has prayed that the act of the respondents whereby they refused to sanction the proposed plan of the mosque be declared illegal, unlawful authority, without jurisdiction, void ab- initio and ineffective qua the rights of the petitioner particularly in the circumstances when proprietary rights have been conferred upon the petitioner by passing Resolution No. 18, dated 15.12.1973 by the Trust (Lahore Development Authority). The petitioner further prayed that respondents be directed to sanction/approve the proposed plan of the mosque for its reconstruction/rebuild.
3. The case of the petitioner is that the predecessor Institution of the LDA, Lahore Improvement Trust vide Resolution No. 18, dated 15.12.1973 had also sanctioned ten Ft. Wide passage to approach the mosque and allotted one Kanal, 7-marlas and 100 Sq. Ft. Land for construction of the mosque. The mosque had been constructed* on the same area and the people of the locality used to offer their prayers in the said mosque.
4. Report and parawise comments on behalf of LDA have been received and perused, wherein, paragraph No. 3(vii) the L.D.A has taken the stand that LDA is the successor department of 'Lahore Improvement Trust' and no handing over and taking over of record was made, It has categorically been stated in para-3 (vii) which is as under:-- "However, it is mentioned in the Resolution No. 18, dated 15.12.1973 that mosque was extended on the land of LDA. The proposal that mosque may be kept on 1-K, 7-M 100-Sq. Ft. Was internal matter of LDA as the petitioner failed to pay the price of land."
The respondents have denied to sanction the site plan with the assertion that it was not available on the file however the part plan is attached. Further alleged in the comments that plot in dispute has neither been allotted nor exempted, consequently, the possession was also not delivered to any exemptee or allottee, therefore, the question of approval of plan does not arise.
5. The question that boils down for determination in this case is that whether the land used under the mosque had been reserved by the L.D.A, for mosque and its possession was delivered, the answer would be that vide Resolution No. 18, dated 15.12.1973 the Lahore Improvement Trust had reserved the land measuring 1-Kanal, 7-Marlas and 100 Sq. Ft. For mosque for a consideration of Rs.
31016/- and its possession was also delivered. This area of land had been excluded from the area of the exemptee. This factual position has not categorically been denied by respondent No. 1. Its only claim is that this belongs to LDA and the petitioner should pay the price of the same.
6. Section 10 of LDA Building Regulations, 1984, provides period for approval of construction plan which is reproduced as under:- Period of approval--(i) Within 60 days after the receipt of an application for permission to carry out building works, the competent authority shall:--
(a) pass orders, granting or refusing permission to carry out such building works and in the case of refusal specify the provisions of the Regulations violated: or
(b) require further details of the plans, documents, specifications and any other particulars to be submitted to it.
(iii If the competent authority shall not have passed orders granting or refusing permission specifying the provision of the Regulations violated within 60-days following the day on which all the necessary information has been furnished and all documents, plans, specifications and particulars called for have been submitted: or if such additional particulars have not been called for within said 60 days from the receipt of an application, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of these Building Regulations, scheme provisions if any, and Controlled Area requirements as the case may be."
7. The only objection raised by the respondents in their comments is that the area under the mosque belongs to L. D.A, and the petitioner has not paid the price of the same.
8. In the Holy Quran Almighty Allah in verse No. 126 of 'Surah Alnisa' says that:-- {{URDU MISS}} From the above, it is established that all lands of the world belongs to "GOD" and the mosque which is constructed on some portion of land in any part of world, that is a 'house of Allah' which is used by Muslims mainly as a place for community worship of- Almighty Allah, and no person or authority in the world can claim price of that land which is under the house of Allah.
It means that it is the act of restraining the people of Allah to enter into the mosque for prayer.
Almighty Allah, in verse No. 114 of Surah Al-Baqara says that:- {{URDU MISS}} It is the duty of Estate, Administration, us the owners of Housing Societies. Municipal Corporation, Corporations and Town Committees to reserve places for Mosque rather from its own expenditure construct the mosque, In this context, Almighty Allah in verse No. 18 of Surah Ai-Tauba and verse No. 41 of Surah Al-Haj says that:- {{URDU MISS}} From the above, it is manifestly clear that the demand of the authority for price of land on which the mosque had already been constructed, is contrary to the Injunctions of Islam. LDA or its functionaries have no authority to demand the price for the place of worship. The must entreat forgiveness of GOD.
9. Section 12 of LDA Building Regulations, 1984 empowers the authority to charge fee which is as under:-- Scrutiny Fees:--(i) The Authority shall charge for the scrutiny of building plans required to be submitted under these regulations and other matters arising during the disposal of plans or in course of its construction a fee to be known as 'Scrutiny Fee' at rates specified in Appendix 'C and in such manner as may be fixed from time to time.
(ii) The Authority may exempt from the payment of Scrutiny fee the premises, which in the opinion of the Authority will be used for religious, charitable or educational purposes.
Therefore, neither any kind of fee or price of land can be claimed or demanded from the petitioner by the LDA authorities and they have no authority to refuse the sanction of Map/plan of the petitioner for the re-construction of mosque.
10, For the foregoing reasons, the act of respondents/LDA, refusing to sanction site plan of mosque and demand of price of the place, on which, the mosque is already constructed, is declared illegal and without lawful authority, void and contrary to the Injunctions of Quran and Sunnah, It is admitted that part plan in available in the file of LDA but the whole site plan is not available, It this is so, the petitioner will submit a fresh application alongwith site plan of the mosque for re- construction of the mosque, with the LDA and the concerned authority is directed to approve the same within a fortnight and submit his compliance report to this Court.
11. The instant writ petition is disposed of in the said terms.