' MUSHIR ALAM, J.--- This petition seeks directions for renewal of the lease. Learned counsel for the petitioner contends that a composite lease of residential commercial and industrial plot in all measuring 5475 square yards was executed in 9-7-1969 out of total area leased 4469 square yards was residential, 871 square yards for commercial and 135 square yards was meant for industrial purposes. The area leased is detailed in first recital and schedule of the property appended to the registered lease deed. Lease for the commercial purpose was 33 years, for industrial and residential lease was for 99 years composite lease of different tenure commenced from 9-7-1969. Tenure of the residential and industrial lease for 99 years is still intact 33 years lease for the commercial portion has expired.
2. It was urged that in terms of clause 18 renewal of commercial lease was applied six months before expiry of the terms of 33 years. First renewal application was made on 3-1-2000 followed by another request dated 13-9-2000. However, the renewal could not be effected on account of ban as informed by the K.D.A. On 6-2-2003 the ban was lifted and the petitioner appeared before the authorities concerned as required along with original documents and N.O.C. It is the case of the petitioner till date nothing has been heard.
3. Mr. Manzoor, learned counsel appearing for C.D.G.K. Opposed the petition on the ground inter alias; that there is no bifurcation of subdivision of the plot nor there is any request for demarcation of the area for which the lease is claimed, therefore, request cannot be acceded to.
' It was next contended that the lease was executed in connivance with the official of the then K.D.A.
And composite lease of all the three categories of plots was executed without any clear cut demarcation. It is stated that unless the petitioner approaches for bifurcation of the plot the request cannot be acceded to.
5. We have heard the arguments and perused the records.
6. As regards contention of Mr. Manzoor that there is no bifurcation of the plot and it is not ascertainable as to what area of the composite lease is residential, commercial and or industrial is devoid of force. From the first recital of the lease hollowness of the respondents argument is exposed which reads as follows:- "In the exercise of powers vested in the lessor under the provisions of the K.D.A. Order, 1957, and the lessor being seized and possessed of all that piece of land situated in Drigh Road Township and bearing Plot No,10, Block No,2 and survey sheet No,Nil measuring 5475 square yards of which a portion of 4469 sq. Yards of land is under use of residential purposes and two remaining portions measuring 871 sq. Yards and 135 yards for commercial and industrial units respectively (full described and delineated in the Schedule given hereunder and the site plan attached hereto which shall be a part and parcel of this lease deed) which stands allotted to the lessee in pursuance of an Allotment Order bearing Book No,3, Serial No,261 dated August 20, 1958 for residential, commercial and industrial purposes."
7. On perusal of the above clause it is clearly demonstrative that all the area i,e, residential, commercial and industrial are specifically detailed and so also in the site plan attached to the indenture of lease is .Clearly demonstrative of the area earmarked for specified purpose. It does not lie in the mouth of the respondent now to assert that the petitioner should approach for demarcation of the commercial area when it is already demarcated in the site plan attached to the registered conveyance lease. From the record, it also appears that the then K.D.A. Also allowed conversion of another 100:48 square yards out of the residential area into commercial on 13-12-1971, thus, total commercial area comes to 971,48 square yards. At the time of such conversion no demand for bifurcation was made.
8. Only condition for seeking renewal of lease as per clause 18 of the registered lease is that the petitioner/lessee should approach the authority concerned six months prior to the expiry of the lease; condition of renewal clause 18 runs as follows:--- "If, on the expiry of the period of lease in respect of any portion of the plot, the lesseee desires its renewal and the lease has not been determined earlier for breach of any of the terms and conditions on the part of the lessee, or has not become liable for cancellation or any such reason, the lessee shall be entitled to the renewal of the lease for such further period and upon such revised terms and conditions as the lessor may determine, and also a subsequent renewal on the expiry of such period of renewal, subject to the same right of the lessor for prescribing any revised terms and conditions at the time of each such renewal provided always that the lessee shall communicate in writing to the lessor his desire to obtain a renewal of lease six months prior to the expiry of the period of lease."
9. Renewal is subject to the condition that the lessee has not committed such act of omission and commission which may call for revocation or cancellation of the lease or commit any breach of any terms and conditions on which lease is granted. As per clause 18 lease is to be renewed on revised terms and conditions provided renewal of lease is applied three months before its expiry. It is not disputed that the petitioner had approached the respondents for the renewal of commercial lease within time.
10. Objections of the nature raised now by the C.D.G.K. Are absolutely unwarranted and uncalled for.
Civic agencies and public authorities are repository of public trust. They are required to act honestly and fairly. Dispensation of justice is not the exclusive function of the courts of law, public functionaries in discharge of their duties required to act fairly, equitably and diligently and avoid myopic approach. While attending and solving routine problems and or providing A proper guidance that may lead to resolve the problems in facts a great service and amounts to providing justice at departmental level. Raising frivolous objections for the sake of objections, as in the instant case, not only breeds corruption, but also disrepute the entire department. If petty matters are resolved at departmental level, it would not only save lot of public time, energy and resources, but would save citizen from hassle of Court proceedings. It is noted the people are forced to knock at the doors of the court as frivolous objections are raised, hurdles are created for obvious and motivated reasons, compelling affected person to approach the court. Such conduct on the part of the public functionaries cannot be approved of. Large number of cases raising grievances against the actions of the officials of City District Government is pending and is regularly being filed. It is high time Nazim-e-Ala, Karachi may look into large number of cases pending against City District Government, Karachi and its affiliated group of officers in-courts of law at different level on petty issues, including cases for renewal of lease, demarcation of plots, double or fictitious allotments, unauthorized construction, allotment and conversion. Nazim-e-Ala may take stock of the matter and take such remedial measure as may provide justice at the departmental level and provide respite to the citizen from cumbersome and expensive legal battle.
11. Under circumstances and for the foregoing reasons the petition is allowed with costs, respondents are directed to execute the lease as provided for in clause 18 of the registered lease as reproduced above, within 30 days from the date of receipt of copy of this judgment.