' RIAZ AHMED KHAN, J.--- Shabnam Ashraf petitioner herein is running a school in the name of Preparatory School; situated in Diplomatic Enclave-II, Islamabad. The respondent C.D.A. In the year 1996 decided tp allot school plots in Islamabad. In this respect, a publication was made in the newspaper on 18-10-2006. According to the publication school plots were to be allotted in Sector H-8, H-9, H-1, 1-8, 1-14, 1-15 and 1-16, Islamabad. These plots were to be allotted only to those persons, who were already running schools in Islamabad and were not allotted plots by C.D.A. In the past. The applications submitted prior to the advertisement were not to be considered and the last date for submission of applications was fixed as 16-11-2006. The petitioner submitted application for allotment of school plot. Her application was accepted and she was allotted plot in Sector D-12/2. The petitioner declined to accept this offer, as according to her, plot in D-12/2 was neither advertised nor she had applied for the same and in addition to that said Sector was not developed, so she had no interest in establishing a school in that Sector. According to the petitioner, she afterwards came to know that one Plot No,2-A, situated in Diplomatic Enclave, Islamabad has been allotted to respondent No,3 vide letter dated NIL December, 2007. The respondent No,3 is a School in the name of American School of International Academics (ASIA) situated in Multan and owned by Sardar Hamid Yar Hiraj, respondent No,2. According to petitioner, the plot situated in Diplomatic Enclave was neither advertised nor the allotment was made in accordance with Islamabad Land Disposal Regulation, 2005. As stated in the petition, the petitioner also noticed that the allotment was not made transparently and according to law, rather the whole exercise was carried out on the basis of nepotism through fraud, collusion and in dubious manner.
Thus,- the petitioner filed the present writ petition,with the prayer that the impugned allotment of Plot No,2-A in the name of respondents Nos.2 and 3 be declared as illegal and the same be set aside and C.D.A. Be directed to act in accordance with law in respect of the said plot.
3. The respondents contested the writ petition.
4. I have heard the learned counsel for the parties and have also perused the record.
5. The available record shows that the respondent No,3 submitted application for allotment of plot on 14-12-2006. The application was filed with reference to the advertisement in daily newspaper.
The application was made on behalf of Asia School System, but he website mentioned in the application shows that actually it was American School of International Academics situated at Multan.
6. Purportedly, the meeting of the Board was held on 5-9-2007, after about one year of the last date given in the advertisement. It seems that in the said meeting agenda regarding allotment of plot was discussed and it was held that consequent to the advertisement made on 18-10-2007, 43 applications of persons running schools in Islamabad and 16 applications of persons running school outside Islamabad were received. In fact, no advertisement was made on 18-10-2007, however, in the meeting the plot situated in Diplomatic Enclave were included in the plots to be allotted. The respondent C.D.A. In the written statement admitted that Sectors F-11, D-12 and Diplomatic Enclave were not the part of advertisement. However, these were included after the approval of competent authority. In this respect, confusion also arises with the note of MRs, Kiran Saeed, Town Planner (UP-IV), dated 11-6-2007, wherein it was stated that in response to the advertisement of C.D.A. Dated 18-10-2007, 59 applications including 41 Islamabad based and 18 applications from persons running schools outside Islamabad were received. In fact, no advertisement was made on 18-10-2007.
7. It seems that the C.D.A. Wanted to include a plot situated. In Diplomatic Enclave, but for certain reasons did not want to publicize it. For about one year after publication made in the newspaper no decision was made and then conditions mentioned in the earlier advertisement dated 10-10- 2006 were altered and the proposal for allotment to respondent No,2 was made.
8. The disposal of land situated in Islamabad and in the control of C.D.A. Is made as per Islamabad Land Disposal Regulation, 2005.1 Section 7(4) of the said regulations provides that "Plots earmarked for educational institutions in private sector shall be allotted after inviting applications and as per criteria to be laid down by the C.D.A. Board."
9. The above provision of law clearly shows that in case of allotment of plots advertisement is to be made, because the application cannot be invited without publicizing the same in the newspaper.
After receiving the applications for allotment of plot, the criteria was to be laid down by the C.D.A.
Board. In the instant case, no publication was made regarding allotment of plot in Diplomatic Enclave. The alleged criteria was not determined by the C.D.A. Board, rather admittedly, it was determined with mutual agreement. Reference regarding allotment of plot was made to the advertisement made on 18-10-2006, whereas in the said advertisement neither this plot was mentioned nor on the basis of criteria mentioned in the said advertisement any plot could be allotted to a person, who was not running school in Islamabad.
10. It is pertinent to mentioned here that in this case on 7-2-2011, the learned counsel for the petitioner made his submissions and the learned counsel for the respondents requested for time, the case was accordingly, adjourned to 8-2-2011. On the said date, the learned counsel for respondents Nos.2 and 3 made short submissions, however, requested for short adjournment, as they were of the opinion that the matter could be settled outside the Court. The case was accordingly, adjourned to 10-2-2011.
11. Today, the learned counsel for the C.D.A. Submitted affidavit of Mr. Imtiaz Inayat Ellahi, Chairman C.D.A., which is reproduced as below:--- AFFIDAVIT ' I, Imtiaz Inayat Ellahi, Chairman, Capital Development. Authority, Islamabad, do hereby solemnly swear and affirm as under:---
(1) That the tilled petition challenges the following relaxations granted by the C.D.A. After publication of public notice/ advertisement dated 18-10-2006, whereby applications for allotment of school plots in certain specified sectors were invited:
(i) That plots in Sectors not mentioned in the aforesaid public notice/advertisement were also made available and allotted to parties that had responded to the notice/advertisement of 18-10- 2006.
(ii) That applications were entertained from applicants not already running schools in Islamabad even though the advertisement of 18-10-2006 had restricted applications of educationists already running schools in Islamabad.
(iii) That applications were entertained after the cut-off date of 16-11-2006.
(2) That the competent authority within the C.D.A. Has examined the aforesaid grant of relations. It is respectfully brought to the attention of this honorable Court that allotment of plots in Sectors other than those mentioned in the advertisement of 18-10-2006 was done with the consent of the short-listed applicants in a meeting held at C.D.A. Office in Islamabad. In particular, it may be noted that the petitioner before this honourable Court, Ms. Shabnam Ashraf had herself opted for a plot in Sector D-12, even though the said Sector was not mentioned in the advertisement of 18-10- 2006.
(3) That as regards the objection pertaining to the entertainment of applications from applicants not already running school in Islamabad, the attention of this honorable Court is brought to the decision of the Board of the C.D.A. Dated ---- whereby applications from the applicants running schools outside Islamabad were allowed.
(4) That the entertainment of applications after 16-11-2006 was not done to entertain any particular applicant and was consistent with past practice.
(5) That having reviewed the facts and circumstances relevant to the issues raised by the Petitioner the competent authority seeks to respectfully propose the following course of action in order to assist this honorable Court in the disposal of the titled petition.
(a) That C.D.A. Will issue notices to the following categories of persons who have been allotted plots pursuant to the advertisement dated 18-10-2006.
(i) All those persons who were allotted plots in Sectors were not mentioned in the advertisement dated 18-10-2006.
(ii) All those persons who were allotted plots even though they were not educationists already schools in Islamabad.
(iii) All those persons whose applications were entertained after the cut-off date of 16-11-2006.
(b) Subject to the conduct of hearing, C.D.A. Will cancel all allotments of plots in Sectors other than those mentioned in the advertisement dated 18-10-2006. C.D.A will cancel all allotments made to the persons, who were not educationists already running schools in Islamabad. C.D.A. Will also cancel allotments made to the persons whose applications were entertained after the cut-off date of 16-11-2006.
(6) That a fresh public notice' will thereafter be issued that will invite applications for school plots in designated Sectors of Islamabad, including the cancelled plots.
(7) That the course of action outlined above will address the grievance urged by the petitioner, who prima-facie herself is a beneficiary of the violations alleged by her. It is submitted that the proposed 'course of action will-enable the C.D.A. To rectify all irregularities in an even handed and non-discriminatory manner.
Deponent.
12. The learned counsel for respondent No,2 requested that the following statement be made part of the judgment: "Without conceding any of the allegations made against me regarding nepotism or misuse of authority I hereby voluntarily give up all claims regarding plot in issue and the allotment in my favour may accordingly be cancelled,"
13. As far as affidavit of Chairman, C.D.A. Is concerned Para-I of the same is totally incorrect. The record shows that the plot situated in Diplomatic Enclave was neither mentioned in the advertisement nor offered to all applicants. In the rest of the affidavit, the allegations mentioned in the petition have been admitted with the exception of allegation regarding nepotism. The Chairman, C.D.A. In the affidavit has given undertaking that now the plot in question would be allotted in accordance with law and criteria laid down in the affidavit.
14. It is not understood as, to why at this belated stage, when the main case is fixed for argument/orders, C.D.A. Realized that they had committed illegality and they wanted to cure the same. The only conclusion which can be drawn is that respondents wanted to prolong the matter as long as possible, but at the end of the day, when they realized that the illegality has come to the surface, then they had no other alternative, but to get an order from the Court that everything was done in good faith and no illegality has been committed and no favour was given to anybody.
15. Without commenting on the points of nepotism and favouritism, I take the statement of learned, counsel for respondent No,2 and affidavit of respondent No,1 as admission of claim of the petitioner. However, it is pertinent to mention here that learned counsel for respondent contended that petitioner was allotted Plot No,5 in Sector D-12/2, Islamabad and she is still in possession of the same. This allegation has been controverted by the petitioner, as according to her she is not in possession of the said plot and that she had declined the allotment of the said plot. Nevertheless, this fact remains that allotment of the said plot too, was illegal. Accordingly, this writ petition is accepted and Plot No,2-A situated in Street No,32, Diplomatic Enclave, G-5, Islamabad presently in the name of respondents Nos.2 and 3 as well as allotment in the name of petitioner of Plot No,5 in Sector D-12/2, Islamabad stand cancelled and the C.D.A. Is directed to proceed with the allotment of said plots strictly in accordance with law and procedure.