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PLJ 2020 Lahore 165

Sajjad Haider vs Lahore Development Authority, through Director General,

CitationPLJ 2020 Lahore 165
CourtLahore High Court
Case No.W.P. No. 230783 of 2018
Date2019-11-07
Judge(s)Shahid Waheed
ResultPetition Dismissed

ORDER

Prayer in this constitutional petition is that action of the Lahore Development Authority taking possession of the petitioner's property be declared illegal.

2. It is contended that the petitioner purchased two plots measuring one kanal each through two registered sale deeds dated 08.06.2015 and 06.08.2015 which were duly incorporated in the revenue record vide Mutations Nos.

12442 and 12471; that the Lahore. Development Authority without any power or jurisdiction has taken possession of the petitioner's above referred plots along with other area and started claiming ownership over them; and that, the petitioner even submitted an applicat ion to the Assistant Commissioner for demarcation of his plot but of no avail.

3. On the other hand, learned Legal Advisor of the Lahore Development Authority submitted that perusal of the sale deeds annexed with the instant petition transpires that the petitioner is claiming ownership of two kanals land out of a joint Khatta measuring 51 kanals, 15 marlas falling in Khewat No. 63, Khatoo ni Nos. 220 to 233, Mauza Kot Kamboh; that Khasra number or whereabouts indicating the exact location of the plots allegedly owned by him has not been mentioned anywhere; that the petitioner himself is not clear as to exact location of his ownership and for that reason he had moved an application before the concerned authority for demarcation of his land; and that the Lahore Development had acquired. Khasra No 587, 538, 543, 445, 599, 588, 598, 545, 593, 592, 594, 595, 535, 540, 548 min, 541 and 547 of Mauza Kot Kamboh vide Notification No. LAC/2458 dated 02.04.1 981 for Sabza Zar Housing Scheme.

4. After hearing learned counsel for the parties I am of the view that grievance voiced in this petition requires detail investigation through recording of evidence, which exercise cannot be undertak en by this Court in exercise of constitutional jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973.

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