MIAN SAQIB NISAR, J.---In both these petitions common questions of facts and law are involved, thus are being disposed of together.
2. In Civil Petition No,582-L/2014, the petitioner purchased a plot measuring 1 kanal bearing No,339- D, Johar Town, Lahore from one Zahoor-ud-Din, while in Civil Petition No,583-L/2014, the petitioner purchased plot No,337-D/II, Johar Town, Lahore from Mst. Akhtar Sultana. Both these sales were given due effect in the record of Lahore Development Authority (LDA) and the transfers were recorded in their (petitioners) favour respectively. It may be pertinent to mention here that the vendors of the property were the exemptees of the land acquired from them by LDA for Johar Town, Lahore. Subsequently, there arose a dispute between LDA and Samanzar and Rehman Abad Housing Schemes which came up before the learned Lahore High Court in I.C.A. No,1389/1998 in which a compromise was effected between LDA and Samanzar and Rehman Abad Housing Schemes whereby certain plots falling within the area of Johar Town, Lahore scheme of LDA were given to the above-named. In this context, an agreement was filed in court which clearly envisages the affectees whose plots situated in Johar Town are being given to Samanzar shall be duly compensated by allotment of equivalent plots elsewhere in Johar Town. The petitioners being the affectees and aggrieved of the above compromise filed Writ Petitions Nos.13393 and 13392/2006 asserting that their rights in a litigation in which they were not a party cannot be violated. In these petitions, the stance of LDA was that they will abide by the agreement filed in the ICA mentioned above and that the plots equivalent in value and size shall be given to the petitioners. Be that as it may, the promise was not abide by thus compelling the petitioners to initiate some action vide a criminal original and the learned High Court while disposing the same mentioned that the petitioners are entitled to 'gold for gold', however the allotment made in favour of the petitioners by LDA though on 9 meter roads qualifies the rule of being equivalent and thus the petitions and ICAs were dismissed. Aggrieved of the above the petitioners have come forth in the instant proceedings.
In the concise statement filed by the respondents pursuant to an earlier order passed by this Court to indicate if any plot on 40 meter roads of equal size were available, as proposed by the petitioners i,e. Plots Nos.5A and 5B in Block R, according to LDA such plots have not been allotted to anyone. The possession of these plots is also with the respondent (LDA). However it is indicated that some litigation has been initiated qua these plots by some third party. We fail to understand that if a promise was made with the owners of the property that they shall be compensated for plots equal in size obviously that also means equal in location. There can be no comparison between a plot located at a 9 meter road and that located at a 40 meter road of which the petitioners were deprived on account of the compromise between LDA and Samanzar and Rehman Abad Housing Schemes; obviously now when these plots are available with the respondents, they are obliged to allot these to the petitioners as this allotment alone would satisfy the rule of fundamental right to property as enshrined by Article 23 of the Constitution of the Islamic Republic of Pakistan, 1973.
In light of above by converting these petitions into appeals and allowing the same, the impugned judgment is set aside and we direct the respondent-LDA to transfer and complete all the transfer formalities of the plots bearing Nos.5A and 5B situated in Block R, Johar Town, Lahore including the delivery of possession respectively in favour of the petitioners within a period of two months, however, this order or the transfer made pursuant thereto shall not prejudice the rights of any party in litigation with LDA.