' AMIR HANI MUSLIM, J.--Manzoor Ahmed, Advocate, concedes that the non-utilization fee is chargeable from the date Mica possession was handed over to the party. He was confronted with the Occurrence Report dated 20-7-2005, signed by the Additional District Officer (AEC), C.D.G.K.
Which reflects that the petitioner's plot was also encroached and the encroachment was removed and possession was handed over to the petitioner on 20-7-2005 Manzoor Ahmed, Advocate, does not dispute the contents of the Occurrence Report, dated 20-7-2005.
2. In view of the fact that non-utilization fee is chargeable from the date of the possession, which in the petitioner's case would reckon from the date of Occurrence Report as the possession of the plot was handed over to the petitioner on the same date at site. Accordingly we allow this petition with the direction that the City District Government will charge the non-utilization fee from the petitioner from 20-7-2005.