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2011 SCMR 1494

Mst. AZIZ LATIF and others vs LAHORE DEVELOPMENT AUTHORITY through D.-

Citation2011 SCMR 1494
CourtSupreme Court of Pakistan
Case No.C.R.Ps. Nos. 58 to 62-L of 2009 in Civil Petition Nos. 1726 to 1730-I of 2008
Date2011-06-28
Judge(s)Mian Saqib Nisar, Asif Saeed Khan Khosa, Tasaddaq Hussain Jillani
ResultReview accepted

CMA 2931-L of 2009 in CRP 59-L of 2009 and CMA 2277-L of 2009 in CRP 61-L of 2009 ' TASSADUQ HUSSAIN JILLANI, J.---Subject to all just exceptions, -these CMAs areallowed.

CRPs Nos. 58-L to 62-L of 2009

2. This order shall dispose Civil Review Petitions Nos. 58-L to 62-L of 2009 as they have arisen out of same consolidated judgment.

3. Through the aforereferred review petitions, petitioners have sought review of this court's order dated 28-4-2009 vide which Civil Petitions Nos. 1726-L to 1730-L of 2008 were allowed and the judgment of the High Court impugned in those petitions was set aside.

4. Learned counsel for the review petitioners submits that the learned High Court had allowed constitutional petitions filed by the review petitioners inter alia on the ground that the committee headed by the Chairman Lahore Development Authority and constituted by the learned High Court during the pendency of those petitions had reported that the review petitioners were allottees but they could not be given the A plots for one or the other reason and the alternate land, could not be given as the said scheme was no longer in vogue. Notwithstanding the said report, learned counsel added, this Court vide the order under review set aside the judgment of the High Court without even considering the report submitted by the LDA before the High Court on the basis of which the learned High Court had passed the judgment.

5. Learned counsel for the respondent LDA having examined the matter and on court query submitted that he has no objection to the acceptance of these review petitions provided the petitions filed by B respondent Lahore Development Authority are converted into appeals and fixed for hearing for an early date.

6. In view of the fair stand taken by learned counsel for the respondent LDA, these review petitions are allowed, the order under review of this Court dated 28-4-2009. Is set aside, Civil Petitions Nos.1726-L to 1730-L of 2008 are converted into appeals and shall be fixed for final hearing on a date fixed by the office in the last week of September, 2011.

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