Through this petition, the Petitioner has impugned order dated 30.11.2019 passed by Respondent No. 1, Director General, Lahore Development Authority ("LDA"), Lahore.
2. The basic case of the Petitioner is that he has been allotted Plot No. 150 measuring 1 kanal (20 marlas) in Block-J LDA Avenue -1 Housing Scheme, Lahore but he has been given a plot measuring 14.93 marlas. Learned counsel states that this is not the size of the plot that he has paid for hence alternate plot be handed over to the Petitioner. In this regard, the Petitioner was heard as per the impugned order passed by Respondent No. 1. In terms thereof, the Petitioner was allotted 1 kanal plot and he was informed vide letter dated 19.11.2014 that he will be given physical possession after receiving plans from the Town Planning Wing, LDA. The Petitioner was ultimately handed over physical possession of 18 marla 92 square feet plot as verified by Town Planning Wing, LDA.
Therefore, the contention of the Petitioner that he has been given a plot measuring 14.93 marlas is without basis. Learned counsel states that even otherwise, it is still two marla short and the Petitioner is entitled to the same. Learned counsel for the Respondent LDA explained that at the time when physical possession was handed over to the Petitioner and others in the same vicinity, they were informed that as per Town Planning Wing, LDA, two marlas will be adjusted based on the availability of the land. Learned counsel states that this fact was informed to the Petitioner and he has verified the same from Town Planning Wing, LDA. Therefore, he was not ignorant of this fact.
3. Heard. The basic dispute between the parties is over two marlas of land. In this regard, it is noted that the contention of the Petitioner in the writ petition is that he was handed over a plot measuring 14.93 marlas whereas today, learned counsel for the Petitioner has argued that the Petitioner was handed over the possession of 16 marlas of land. Learned counsel admitted that the Petitioner through some private party had got the land measured hence has not sure of the exact deficiency.
The record of the Respondent LDA shows that the Petitioner was handed over physical possession of 18 marla 92 square feet land, which is in accordance with the map of Town Planning Wing, LDA and the Petitioner verified the same from LDA that two marlas had to be adjusted based on the availability of the land. Given the same there is no grievance made out before this Court. If at all, there is a dispute of two marla land, the same is a factual dispute, which cannot be decided by this Court in constitutional jurisdiction as the Petitioner himself has taken different stance before the Court. Furthermore, the dispute must be raised before the Respondent LDA for compensation of the same if any, if the Petitioner is entitled to the same based on the price that was paid by the Petitioner at the time of physical possession of 18 marlas 92 square feet.
4. Disposed of accordingly.