' SARDAR MUHAMMAD ASLAM, C.J.--- Through instant writ petition, petitioner has challenged the legality of impugned order, dated 5-7-2004 circulated vide letter, dated 6-7-2004, whereby the petitioner was asked by the respondents, to pay Rs,8,11,28,580 commercial tariff, at the rate of Rs,15,000 per square yard, however, the amount of premium already paid was to be adjusted against the said amount.
2. Petitioner is the allottee of Plot No,3-D, Kahuta Road, Islamabad and was granted approval by the respondents for the change of trade from "Carbon Products" to "manufacturing of conversion kit and parts, CNG storage and Filling Station", vide letter, dated 21-11-1995. Petitioner paid conversion fee of Rs,54,170. Respondents also gave approval of the building plan vide letter dated 3-1-1996, whereafter WAPDA and Ministry of Petroleum and Natural Resources also issued NOC and operating license respectively, in favour of the petitioner. Petitioner is running business for the last three years. Respondents issued show-cause notice dated 6-11-1998 to the petitioner alleging therein that yet he has not started manufacturing of conversion kits and established CNG Filling Station, however, the matter was resolved in a Writ Petition No,2413 of 1998 filed before the Lahore High Court, Rawalpindi Bench, Rawalpindi. Again vide letter dated 15-11-2000 the respondent informed the petitioner that C.D.A. Board in its meeting held on 8-8-2000, has examined the matter and it has been decided to levy commercialization charges @ Rs,15,000 per sq. Yard. Petitioner filed Writ Petition No,2923 of 2000 in the Lahore High Court, Rawalpindi Bench, Rawalpindi, which was disposed of with the direction to the respondents to decide the matter afresh, however, respondent No,2 passed a vague order, dated 5-7-2004 imposing commercial tariff @ Rs,15,000 per square yard, for change of trade.
3. Respondents filed their comments alleging therein that petitioner, under the terms of allotment of plot was obliged to manufacture "Carbon Rods", who subsequently, made an application on 13- 9-1995 for change of nature of Industry from Carbon Rods to manufacturing of conversion kits and parts of storage and filling station. The competent authority vide letter, dated 8-11-1995 allowed the change. Petitioner paid the fee of change in Industry but thereafter instead of manufacturing of conversion kits and part of storage and filling station, he established CNG Filling Station on the plot.
C.D.A. Board vide its meeting dated 8-8-2000 decided to charge commercialization charges from the petitioner.
4. Heard, record perused.
5. Petitioner applied for change of trade which was allowed on 8-11-1995. Respondent accorded approval of building plan on a portion of suit plot, fully described in the site plan, for establishment of a CNG Station. Undeniably this is a commercial activity and C.D.A. Is well within its power to charge fee on commercial use of plot, by establishment of CNG Station, however, the effective rate will be one in vogue on the target date when permission was accorded for establishment of CNG Station.
6. In view of above discussion, the impugned letters are set aside, petition is allowed. However, the respondents can legitimately claim commercialization charges as in vogue on the date when approval was accorded of covered area of the plot of CNG Station fully detailed and described in the site plan.