AYESHA A. MALIK, J. --- Through this Petition, the Petitioner hasprayed that the exemption with reference to 13 Marlas land befinalized and the Petitioner be issued an allotment letter for his plot alongwith all relevant documents and possession of the same.
2. Learned counsel for the Petitioner argued that the Petitioner is owner in possession of land measuring 1 kanal, 14 Marlas falling in Khasra No,779, situated in the revenue estate of Jhugian Nagra. This land was acquired and against 1 Kanal, 1 Marla the Petitioner was granted exemption in the Sabza Zar Housing Scheme. The present dispute relates to 13 Marlas land for which the exemption matter remained pending. The Petitioner relied upon the Revenue Officers report dated 21.12.2016 on the basis of which the 13 Marlas of land is mutated in favour of the LDA vide mutation No,17472 on 13.08.2016. The Petitioner also relied upon the working paper for exemption cases of the scrutiny committee issued by the Deputy Director DLD-IV, LDA, which shows that the Petitioner is entitled to exemption against remaining land measuring 13 Marlas.
3. Report and parawise comments have been filed by the Respondent LDA. Learned counsel, for the stated Respondent argued that the matter is still pending before the Civil Court and the Petitioner has filed a Civil Revision before the Additional District Judge, Lahore titled "Muhammad Ismaeelv.
Muhammad Munir and LDA" and presently the plot does not stand in the name of the LDA.
4. Arguments heard and record perused.
5. In terms of the record, the Petitioner is entitled to exemption against 13 Merlas land against his previous ownership of 1 Kanal, 14 Merlas. The Respondents are denying the exemption on account of alleged dispute over the same land and on the ground that the land is not mutated in the name of the LDA. In terms of the report issued by the Revenue Officer dated 21.12.2016, the 13 Merlas land was mutated in favour of the LDA vide mutation No, 17472 on 13.08.2016. The claim of the Petitioner is also strengthened from the working paper for exemption cases by the security committee Ref. File No,SZR-JN/3503+A issued by Deputy Director, LDA, in which it was clarified that the case titled "Muhammad Munir v. LDA" pending before the Court has no nexus with the property of the Petitioner and the process of exemption cannot be denied on the basis of that dispute.
6. In view of the above, this Petition is allowed and the Respondents are directed to grant exemption against deficient land measuring 13 Mar/aswithin one month's time of the receipt of certified copy of this order alongwith all related consequences. Compliance report shall be submitted to the Deputy Registrar {Judicial) of this Court.