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PLJ 2022 Lahore 366

Sahibzada Faisal Ali Khan vs Chairman LDA and another

CitationPLJ 2022 Lahore 366
CourtLahore High Court
Case No.W.P. No. 104206 of 2017
Date2021-10-20
Judge(s)Shahid Karim
ResultPetition dismissed

ORDER

This constitutional petition seeks the setting aside of the order dated 4.11.2017 passed on the directions issued by the Director General, LDA. In that petition, the petitioner had made the same prayer, that is, the petitioner's case be sent to the bona fide commission set up under Section 32 of the LDA Act, 1975.

2. Suffice to say that the petitioner has been agitating this matter for a long time and each time this petition has met with failure. Lastly this Court while deciding W.P No. 66314 of 2017 in its order dated 07.09.2017 had dismissed the petition seeking substantially the same relief and had directed the petitioner to file proceedings before the civil Court as the question involved required determination by taking down evidence. It is admitted by the counsel for the petitioner that indeed a civil suit was filed pursuant to the directions by this Court and which is still pending. The petitioner has once again filed proceedings before this Court invoking the constitutional jurisdiction to seek direction for referral of the matter to the bona fide commission. The D.G. LDA in the impugned order has reiterated the earlier stance which in a nutshell is that the claim of the petitioner is based on fabricated ownership documents and that the plot in question was never allotted to any one by the H&PP Department. It is clear therefore that case of the petitioner does not fall within the ambit of the cases which may be referred to the bona fide commission. Moreover, the petitioner has already availed the remedy under the law which may be pursued and this petition is frivolous and is dismissed.

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