' ALI AKBAR QURESHI, J.--- Writ Petition 25204 of 2005 filed by petitioner assails the legality of letter, dated 19-5-2000 purported to have been issued by the Lahore Development Authority with reference to payment of commercialization fee in respect of Plot No,5-C/3, Gulberg-III, Lahore.
2. Petitioner claiming to be the owner of a residential Plot No,5-C/3, Gulberg-III, Lahore, measuring about 6 Kanals, 17 Marlas with a view to getting said plot commercialized, approached respondent No,1 on 25-5-1994, and consequent upon the approval of commercialization by respondent No,5 on 22-8-1994, vide Letter No,1247, dated 2-5-1995, the petitioner was called upon to deposit a sum of Rs,4,228,472 towards commercialization fee on the subject. Petitioner asserts that his request for payment of aforesaid charges within four instalments was acceded to by the L.D.A., and accordingly, he made payment of initial two instalments amounting to Rs,2,228,472 by means of deposit challans Annexures "C and C.1". As regards, non-payment of remaining amount of Rs,2,000,000 respondent No,1 purported to have imposed surcharge for Rs,40,833. Petitioner is stated to have approached the concerned functionaries for withdrawal of the surcharge but his request did not find favour and declined by respondent No,3 vide Letter TP-Misc.2685/524, dated 16-5-1997. Rather petitioner was required to make payment of the balance commercialization fee amounting to Rs,2,408,333 including surcharge. Consequently, petitioner paid the aforesaid amount vide Annexures "F" and "F.1".
3. Subsequently, by means of an other Letter TP-Misc.1520/153, dated 20-8-1997 conditions regulating the commercialization granted by respondent No,5 on 22-8-1994 were communicated to the petitioner. And in pursuance thereof, petitioner with the intention of construction a hotel on the plot, is purported to have solicited the requisite no objection certificate from WASA and sanction for the proposed project from respondent No,1. Accordingly, sought for no objection certificates were issued by WASA and L.D.A. Vide letters, dated 17-9-1997 and the proposed building plan too was approved and sanctioned by Director, Town Planning-I, vide letter, dated 17-11-1997 enabling the petitioner to undertake the construction at the site and also sold certain portion of the plot in question as commercial property.