'IQBAL HAMEEDUR RAHMAN, J.--- This judgment shall dispose of Writ Petition No,5833 of 1996, Writ Petitions Nos.1491 of 1997 and 1290 of 1997.
2. Brief facts leading to these writ petitions are that the petitioners in all these writ petitions are owners and inhabitants of Katchi Abadi "Dogar Colony, F-Block, Shah Rukn-e-Alam Colony, Multan where they are residing before the acquisition of land for tile purposes of establishing Colony namely, Shah Rukn-e-Alam Colony, by the respondent Multan Development Authority.
3. On 27-8-1996, the respondent M.D.A. Has given notices under section 38 of the Punjab Development of Cities Act, 1976 to the petitioners to vacate their houses within 24 hours, otherwise their houses would be demolished by the respondent-Authority and expenses occurred on that would be recovered from them. On 28-2-1997, same notice was given to the petitioner Muhammad Boota in Writ Petition No,1491 of 1997. On 22-2-1997, again same notice was given to the petitioner Mst. Safia Bibi in Writ Petition No,1290 of 1997.
4. Through these writ petitions, the petitioners seek setting aside of the aforesaid notices being illegal, void and without lawful authority.
5. It is contended that learned counsel for the petitioner that according to the Housing Scheme Shah Rukn-e-Alam Colony, one-third of land in the shape of plots was given to the owners of land by the respondent M.D.A. In the Shah Rukn-e-Alam Colony Multan on the payment of development charges of the said area but the above said rule was not adopted in this case; that the compensation for securing the property in question yet remains to be paid in accordance with the order of the competent authority and that the petitioners are bona fide occupants of the houses which they had built for their residential purpose at the exempted land.
6. On the other hand, learned counsel for the respondent M.D.A. Has contended that prior to acquisition of disputed land the petitioners were residing there but after acquisition of the same they have no legal right to occupy M.D.A. Land; that the petitioners have been compensated according to their entitlement and there exists no Dogar Colony as such and that the impugned notices were issued to the petitioners with lawful authority after giving them opportunity of personal hearing.
7. I have heard learned counsel for the parties and perused the record as well as the impugned notices and the comments, as well as Local Commissioner Report.
8.It is an admitted fact that the Housing Scheme Shah Rukn-eAlam Colony, Multan, was approved by the M.D.A. On 5-8-1979. After completion of formalities land was acquired and the award for compensation in respect of standing buildings and fruit trees belonging to the petitioners and others was announced by the Land Acquisition Collector M.D.A. Multan on 31-12-1984. Being aggrieved of the said order, the petitioners and others filed appeals before the Commissioner, Multan Division, Multan on 10-2-1985, which were accepted on 28-10-1985 with the direction to compensate the petitioners. But till now the respondent M.D.A. Has not paid compensation amount to the petitioners.
9. It is necessary to mention here that before publication of notice under section 4 of the Punjab Land Acquisition Act, 1974, Multan Development Authority submitted terms and conditions before the Deputy Commissioner, Multan, regarding the acquisition of land for the Colony Shah Rukn-e- Alam, Multan vide letter dated 22-4-1984, wherein the M.D.A. Assured the Deputy Commissioner that already existing Abadis would not be taken into Scheme, if acquired so, full compensation would be paid to the affectees. In this regard, Term No,2 and Term No,4 mentioned in the said letter are as under:-- "Term No,2 the Abadi that exists on the land will be left over as per requirements of the scheme.
Term No,4 it is our policy not to acquire Orchards and Abadis if acquired full compensation is paid."
' Under rule 6 of the Punjab Land Acquisition (Housing) Rules, 1973, the respondent M.D.A. Is bound to fulfil the terms and conditions referred above.
10. According to the Scheme the petitioners are entitled for substituted plots for their residences but till today, no substituted plot is given to the petitioners. The attitude of the respondent pertaining to acquiring the land of houses and not giving the petitioners substituted equal plots for residences is also discriminatory one because earlier the respondent M.D.A. When acquired land consisted of houses in Shah Rukn-e-Alam Colony, the owners like Muhammad Yar, Muhammad Azam, Zubaida Begum, Saeeda Begum and Fazal Akram, who were also inhabitants of Shah Rukn-e-Alam Colony Multan were given substituted land against their houses.
11. The respondent wants to include the Abadi Land in the proposed park named Jinnah Park adjacent to Block-F of Shah Rukn-e-Alam Colony Housing Scheme Phase-II, Multan. Therefore, the petitioners are entitled to get equal land for their houses and costs of their structures because their houses are situated in the southern and western corner of the proposed Park Land. For the said purpose, on 16-2-1997 Mr. Irfan Wyne, Advocate, was appointed as Local Commission. He Was directed to visit the Jinnah Park and submit his report to this Court. Report of the Local Commission, dated 26-5-1997 is placed on the record, wherein it is stated that it was admitted by the M.D.A.
Authorities that in 1984 and 1985 the Petrol Pump was not included in the map and the same was sanctioned to one M.P.A. Namely Atta Muhammad Qureshi by the Chief Minister in the year 1986, the area of the petrol pump is 4 Kanals and the possession of the petrol pump was handed over to the said allottee on 26-1-1987. The Local Commission was of the view that "when the M.D.A. Has given 4 Kanals to the M.P.A., the petitioners and others can easily be accommodated on the opposite direction of the petrol pump because the area left after accommodation is quite sufficient for car parking". Even a letter dated 20-9-2004 addressed to the Secretary HUD and PHE Department Government of the Punjab, Lahore by the Multan Development Authority also supports the report of the Local Commission, wherein it is stated that the petrol pump at the land measuring 4 Kanals at the land of Jinnah Park was established in the year 1986 on the direction of the Chief Minister and the same has been allowed.By the Government of the Punjab to continue the same; it is also a case of hardship and, therefore, necessary relaxation may be granted for settlement of encroachers of the land of Jinnah Park.
12. It is observed that four Kanals land out of land originally earmark for said public utility park is allotted to Mian Atta Muhammad Qureshi ex-M.P.A. Vide order No,7664/EM/MDA dated 24-5-1988 for installation of a petrol pump at the site of Jinnah Park in contravention of policy that public utility plots cannot be converted for any other purpose is so graciously allotted, whereas the demands of the petitioners are being denied despite the policy not to acquire Orchards and Abadies and if acquired full compensation be paid. Further they are being denied also in spite of the assurance that existing Abadis would not be taken into the Scheme and if required, full compensation would be paid to the affectees vide letter No,3318/EM/MDA dated 22-4-1984. Even further through letter dated 20-9-2004 it had been recommended that the petitioners' case being of hardship, they may also be granted relaxation for settlement. The reason for adopting such double standard vis-a-vis the petitioners and the allotment of 4 Kanals of plot to Mian Ata Muhammad Qureshi ex-M.P.A. Cannot be logically comprehended and can be described as a sheer arbitrary whims of the authorities and against principles of equity and justice which should be rectified through interference in the exercise of extraordinary constitutional jurisdiction of this Court.
13. In view of the above circumstances and also keeping in view the letters, dated 22-4-1984, 20-9- 2004 and report of the Local Commission dated 26-5-1997 and particularly the decision of the Commissioner, Multan Division Multan dated 28-10-1985, whereby the appeals of the petitioners were accepted, this writ petition, Writ Petition No,1491 and 1290 of 1997 are accepted and the impugned notices dated 27-8-1996, 28-2-1997 and 22-2-1997 are set aside.