Oil and Gas Development Company Limited (OGDCL) hereinafter referred to as the petitioner has preferred the instant constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 hereinafter referred to as the Constitution, seeking therein issuance of directions to the respondents to restore with possession, plot measuring 10 Acres located at Kuri Road Islamabad, in favour of the petitioner. It is also prayed that the act of respondents, reducing the area of plot from 10 Acres to 5 Acres, be declared as illegal, unjust, arbitrary and without any legal effects.
2. Facts of the cause in brief are that the OGDCL, a public limited company, was allotted land measuring 10 Acres by CDA vide Letter No, CDA/EM-27(1531)/86, dated 21.9.86 at Kuri Road Islamabad subject to payment of premium which was duly paid and as such ownership of the same vested in the petitioner. Later on the petitioner requested Respondent No, 1 to regularize the non-geometrical shape of the plot. That Deputy Director RP, CDA (Respondent No, 3) agreed to the proposal subject to payment @ Rs,300 per square yard, which amount was considered too high by the petitioner and, consequertly, request for review of the said price and shifting of the site from Kuri Road to Sectors H. 1-9, I-10 or I-11 was made. Respondent No, 3 declined the request and directed the petitioner to deposit the premium for 4.50 Acres of land @ Rs,300 per square yards within 14 days from the date of issue of letter dated 6.4.93 failing which the allotment will stand canceled without further communication.
3. Vide Letter No CDA/EM.II.DD-1/G-S/27 (1531)/08/737, dated 14.2.08, Respondent No, 1 in supersession of allotment letter dated 28.9.86, referred to above, offered allotment of a piece of land measuring 5 Acres to petitioner in Kuri, Agro Scheme subject to terms and conditions mentioned therein. That cancellation of the afore-stated plot, vide impugned letter dated 14.2.08, statedly left the petitioner with no option but to seek the annulment of impugned cancellation order through instant constitutional petition.
4. Learned counsel for the petitioner has argued that the land measuring 10 Acres at Kuri Road Islamabad, was allotted to the petitioner vide order dated 21.9.1986. That all the outstanding amount were paid in due course and in the prescribed manners and that the petitioner therefore became its lawful owner. That the petitioner requested the respondents to regularize the shape of the plot, however, due to excessive demand of money by the respondents, the petitioner declined to proceed with the request and as such the petitioner remained lawful owner of the plot allotted to the petitioner in the irregular shape. That the cancellation of the said plot, without the consent of the petitioner was an illegal, unwarranted and an arbitrary act of the respondents. That the petitioner had never agreed for reducing the size of plot from 10 Acres to 5 Acres and as such the impugned letter dated 14.2.08 was unwarranted and having no binding effects qua the rights of the petitioner.
5. Learned counsel for the respondents has argued that the plot allotted to the petitioner was cancelled at the instance and in the light of request of the petitioner. He referred to office letter dated 6th April 1993 and argued that the earlier site was reshaped by adjusting an area measuring 4.5 Acres subject to payment of premium @ Rs,300/- per square yard and as such the petitioner was obliged to have paid the sum Rs,300/- per square yard within 14 days from the date of issue of the said letter i,e, April 6th 1993. That the petitioner failed to perform his obligatory part as such the respondents were legally justified to cancel the said plot.
6. I have heard arguments of learned counsel for the parties and perused the record.
7. Undisputed facts of the case of the parties are that initially plot measuring 10 Acres (48,400 square yards) at Kuri Road, Islamabad, was allotted to the petitioner on 33 years lease basis extendable for two subsequent terms of 33 years. each for the construction of office building for Drilling Training Rig. The petitioner had deposited the premium as required of him within the stipulated period and in accordance with the terms of the allotment. Letter dated May 3rd 1988 was also issued to Deputy Director (Land Survey) by Respondent No, 2 formally verifying the signature of the representative of petitioner for taking over the possession of the said plot.
8. Procedures adopted in the allotment of land measuring 10 Acres were in the shape of demand of said land by the petitioner and, to say the least, acceptance of the same by Respondent No, 1 subject to payment of premium. Consideration of the allotment letter i,e, payment of premium by the petitioner was acted upon by the petitioner to the satisfaction of Respondent No,
1. The reciprocal promises, culminating into an agreement between the parties finally emerged as a final and legal contract, being "an agreement enforceable by law" in line with Section 10 of the Contract Act, 1872.
9. Request of petitioner for converting the shape of the plot from irregular to regular, or from curvy to shapely cannot be termed, at any touchstone, as an act of novation, rescission or alteration of the terms of the allotment order meriting or necessitating termination of concluded and settled transaction. Refusal on the part of petitioner, to meet the requirement of payment of additional sum, would, at the most, disentitle the petitioner to pursue or mandate his claim for formatting or organizing the shape of the allotted plot. Cancellation of already allotted plot, on settled and concluded terms and conditions, and without violation of any such settled terms and conditions would therefore be an act diverse to law and as such the impugned letter dated 14.2.08, disruptive and interruptive in the settled terms of the transaction, is therefore termed illegal, unlawful and of no legal consequence and significance.
10. In view of the above, it is held and declared that the impugned order issued vide letter dated 14.2.2008 was made without lawful authority and is therefore, of no legal effects and, as a consequence of the same, respondents shall hand over the possession of the same in the prescribed manners.
11.The constitutional petition is accepted in the above terms.