Through this constitutional petition the petitioners have assailed the legality of proclamation issued in daily "Khabrain Multan" on 23.3.2010 whereby the property allotted to the petitioners was offered for 'sale to public.
2. Briefly stated the facts of case are that petitioner, District Bar Association, Vehari applied for transfer of state land for establishing a Lawyers Colony at Vehari to Respondent NO. 1. The Respondent No. 1 on 22.4.1995 allotted land measuring 242 Kanals 18 Marlas as per register record of rights urban Chak No. 43/WB, Multan Road, Vehari bearing Square No. 9 Khasra No. 1 to 11, square No. 8 Khasra No. 1 to 5, 6 to 15, 16 to 22 and square No. 20 Khasra No. 1 to petitioner. The District Price Assessm ent Committee in its meeting held on 01.8.1995 approved the sale of land referred to above @ of Rs. 3000/- per Marla but before execution of title document M/s. Faiz Muhammad etc. succeeded to get the property 'allotted to petitioner surveyed for Kachi Abadi namely Punjab Jinah Abadi. The District Collector Vehari after holding inquiry on 13.4.1991 cancelled the said survey. M/s. Faiz Muhammad etc. filed a constitutional petition No. 916/91 against Respondent No. 1. Another claimant M/s. Muhammad Rafiq etc. also filed Writ Petition No. 7181/95 claiming that they are lessee of land measuring 12 Kanals 19 Marlas. This Court vide order dated 20.3.1997 disposed of these two writ petitions and remanded the case to District Collector Vehari for deciding afresh. The District Collector vide order dated 03.5.1997 decided the matter and confirmed the allotment in favour of petitioner. M/s. Faiz Ahmad etc. and Muhammad Rafiq etc. assailed the order dated 03.5.1997 through two Writ Petition No. 2904/97 and 3958/97 which were allowed vide judgment dated 24.2.1998. The petitioner assailed the order dated 24.2.1998 through ICA No. 61/98 and 62/98. The Divisional Bench of this Court vide order dated 25.1.2000 set-aside the order dated 24.2.1998 directing that two writ petitions shall be deemed to be pending and shall be decided by a single Bench afresh after hearing all the parties and stake holders. Ultimately the two writ petitions were dismissed by order dated 27.1.2004. After that the petitioner requested the Respondent No. 1 to hand over the possession and to execute the title document in their favour. The matter however, remained pending on one reason or the other, the petitioner through impugned proclamation of sale came to know that Respondent No. 2 has invited bids from public for sale of petitioner's land including other land, hence the present petition.
3. Notices were issued to respondents who filed their report and parawise comments. The respondents admitted the assertions of petitioner but alleged that after dismissal of two writ petitions referred to above, Board of Revenue Punjab vide letter dated 13.10.2003 again got the price of petitioner's land assessed through District Price Committee who in its meeting dated 18.10.2003 assessed the price of land Rs. 25000/- per Marla and referred the matter to Board of Revenue on 23.10.2003 for approval and the Provincial Assessment committee rejected the said price and enhanced it from Rs. 25000/- per Marla to. Rs. 40,000/- per Marla vide order dated 19.1.2004. The Board of Revenue then referred the matter to Chief Minister who approved the sale of state land measuring 100 Kanals for establishment of Lawyer Cooperative Housing Society at Vehari and the Government of Punjab Colonies Department finally vide Letter No. 3162/2004/2967/CS-V dated 02.9.2004 sanctioned the sale, of state land measuring 100 Kanals in favour of Lawyers Cooperative Housing Society Vehari @ of Rs. 40,000/- per Marla plus 10% surcharge through sale by private treaty. The petitioner failed to pay price of land and as such the land was rightly offered for sale to public.
4. Learned counsel for petitioner submits that the land measuring 242 Kanals 18 Marlas as detailed in Para No. 3 of petition was allotted to District Bar Association Vehari on 12.4.1985, the District Price Assessm ent Committee assessed the value of land on 01.8.1995 @ of Rs. 3000/- per Marla as is evident from Letter No. 190/AC/CC dated 04.3.1996. The matter was dragged into litigation by illegal occupants and claimants, the Collector Vehari vide order dated 03.5.1997 passed the following order:-- "Now dealing with the case of the steel Traders Association this Court has to judge their case viz a viz the claim of the District Bar Association, Vehari. The Steel Traders Association, did not move the District Collector for allotment of the land in question through sale by private treaty for the establishment of steel Market but their case remained under process on the question of assessm ent of price as the rate assessed by the D.P.A committee was not acceptable to them. The mere submission of an application by the Steel Traders Association does not create any right in their favour. On the contrary, the case of the lawyers of District Bar Association was approved by the then Chief Minister, Punjab. Accordingly, the D.P.A committee assessed the price of the land in question and the same has been ` forwarded to the B.O.R for its final approval. In this situation, the claim of the Steel Traders Association cannot be allowed as the same is still in preliminary stages but the case of the lawyers has been approved by the then Chief Minister and this Court is not competent to go behind the approval given by the Chief Executive of the province. The case of the Steel Traders Association is devoid of merits and the same cannot be acceded to at this stage."
Further submits that the petitioners were always ready to pay the amount as assessed by the District Price Committee but it is the respondents who failed to hand over the possession of land and to execute the title documents. He further submits that respondents on 26.2.1997 enhanced the sale price of land from Rs. 3000/- to Rs. 6552/-per Marla unilaterally without notice to petitioner.
The said price.was also in violation of earlier price fixed on 04.3.1996 but the petitioner for resolution of long outstanding dispute accepted the enhanced price. He submits that land was finally allotted to petitioner and price was. fixed and as such the respondents have no right to enhance the price of land already agreed and finalized. The land measuring 242 Kanal 18 marlas is not more available to respondent, for sale through private treaty. Me submits that sale of land in favour of petitioner was with the approval of Chief Minister, the allotment in favour of petitioner still hold field and as such as subsequent decision of Respondent No. 1 qua the petitioner land is malafide and illegal and is not binding on the petitioner.. He lastly adds that petitioner has not incepted any cooperative Housing society and of the said Cooperative Housing has negotiated any deal that has nothing to do with the petitioner.
5. Learned AAG submits that petitioner has failed to pay the price assessed .by the D.P.A committee on 19.1.2004 @ of Rs. 40,000/- per Marla inspite of respondent's letter of Offer No. 380/DDOC/AHC dated 09.9.2004. The land of 100 Kanals was allotted to Lawyers Cooperative Housing Society Vehari against a price detailed above which was payable within six months, the petitioner has failed to pay the same and as such respondents have decided to auction their land through private treaty. He further submits that it is the discretion of respondents to reduce the land from 242 Kanals 18 Marlas to 100 Kanals and petitioner cannot challenge the same as no agreement has been finally concluded between the parties. He adds that amended proposal for transfer of 100 Kanals land to Lawyers Cooperative Housing Society is with the approval of Chief Minister Punjab.
He submits that Chief being the Executive Head of the Punjab has every right and authority to cancel or amend his earlier approval.
6. Head Record perused.
7. It is an admitted fact between the parties that land measuring 242 Kanals 18 Marlas was allotted to petitioner on 10.10.1996 for establishing lawyers colony at Vehari. The price of the land was assessed by the District Price Assessment Committee vide order dated 01.8.1995 and on 04.3.1996 Assistant Commissioner Vehari requested the Secretary Colonies Board of Revenue Punjab Lahore for issuance of No Objection Certificate. The issue of payment of price and execution of transfer documents was delayed due to litigation between illegal occupants, illicit lessees and land grabbers with Respondent No. 1. The dispute remained pending in Court and ultimately finalized on 27.1.2004 by a judgment of this Court.
8. The Respondent No. 1 vide meeting dated 26.2.1997 enhanced the price of land from Rs. 3000/- per Marla to Rs. 6552/- per Marla. The petitioner accepted the said price, but due to pendency of litigation the matter remain undecided.
9. It is established on record that allotment in favour of petitioner was duly approved by the Chief Minister and the matter attained finality. The respondents are unable to produce any document showing that Chief Minister has ever withdrawn the allotment of petitioner, the respondents have further failed to prove on record that before passing impugned order, they have issued any notice to petitioner. The Respondent No. 1 has no authority to review the approval given by the Chief Minister confirming the allotment of land measuring 242 Kanals 8 Marlas in favour of petitioner. It is also an admitted fact that approval in favour of petitioner is still intact and has not been withdrawn and if withdrawn that is without notice of the petitioner. It is also not the case of the respondents that original allotment in favour of petitioner has been withdrawn. Case of respondents is that they reduced the petitioner's land from 242 Kanals 18 Marlas to 100 Kanals and fixed the price of reduced land as Rs. 40,000/- per Marla with 10% surcharge. The argument of respondent may have some force if the property measuring 242 Kanals 18 Marlas should have not been allotted to the petitioner in the year 1995 of the petitioner's transfer has been withdrawn.
10.The record shows that petitioner always ready and willing to pay the price agreed on 26.2.1997.
It is the respondents who were not able to execute the final transfer deed in favour of petitioner due to litigation initiated by 3rd party against them. After finalization of litigation between third party and respondents, the respondents were bound to issue notice of demand to petitioner for payment of agreed price between the parties i.e Rs. 6552/- per Marla. It is proved on record that respondents have not issued any notice and remain silent. In the year 2003 the petitioner approached the respondents for issuance of final transfer document. The respondents without notice to petitioner themselves decided to reduce the land from 242 Kanals 18 Marlas to 100 Kanals and against Rs.
40,000/- per Marla. The respondents have failed to explain who is the lawyer Cooperative Housing Society Vehari and who floated the said Society. The petitioner is District Bar Association duly elected body of lawyers, the said Bar Association has applied for the allotment of land for Lawyers Colony. It seems that some official of respondent by camouflaging the facts introduced a new applicant under the name and style of Lawyers Cooperative Housing Society and started fresh proceedings for allotment of land and proposed 100 Kanals of land for the said cooperative society @ Rs. 40,000/- per Marla.
11.The allottee of the land in dispute is an District Bar Association and without allowing opportunity of hearing to the said allottee the original allotment could not be amended or reviewed. The respondents have failed to produce any document showing that Chief Minister has withdrawn the allotment in favour of petitioner.
12. The respondents in absence of any withdrawal order by the Chief Minister who alone has the authority to withdraw the approval E has no power to amend and review the allotment of land in favour of petitioner.
13.The land was allotted to District Bar Association who (sic) body of lawyers may have their own plan to establish the Housing Colony for lawyers. There is no-lawyers Cooperative Housing Society to whom the land of 100 Kanals is proposed to be allotted @ Rs. 40,000/-per Marla. The land was validly allotted to petitioner on 22.4.1995 and they become legal allottee of said land. Any action on the part of respondents for reducing the allotted land or it price is unwarranted and against law.
The respondents have no authority to penalize the petitioners for their own fault. If the land was not transferred at the agreed price of Rs. 6552/- per Marla to the petitioner, it is not the fault of petitioner rather it is incapability of respondents to perform their part of commitment which was finalized after the approval of the Chief Minister, Punjab who is the Executive Head of Province and his orders could not be set-aside or amended by the functionaries except the Court of law. The action of respondent to auction the land already allotted to petitioner is mala fide, illegal and without lawful authority. The land already allotted to the petitioner is not available for further sale or allotment to anyone except the petitioner.
14.In view of the above, the petition is allowed, the impugned proclamation for inviting the bids for sale of land allotted to petitioner, is declared without any lawful authority. The respondents are directed to issue a demand notice to petitioner in terms of order dated 26.2.1997 and execute title document on receipt of consideration as directed. This petition is allowed.
15. There is no order as to costs.