' During the hearing of these two Writ Petitions (W. Ps. Nos. 5923 and 5924 of 1981) when the arguments have yet not concluded, a development has taken place inasmuch as Mr. G. A. Farid, the learned counsel for he Market Committee has stated that the whole controversy which is going on is ill-based for the simple reason that steps have already been taken for acquisition of a plot of 8 Kanals on the opposite side of the road for a Fruit and Vegetable Feeder Market. The persons aggrieved by the earlier proceedings of the Market Committee are only 13 in number. According to him, therefore, the new feeder market would have more than sufficient accommodation to settle these 13 applicants provided they are entitled to it. The Chairman Market Committee is present with the Secretary of the said Committee.
2. The learned counsel for respondents Ch. Muhammad Saeed as well as the learned Assistant Advocate-General Mr. Tanvir Ahmad Khan have also expressed the view that in case the matter can be settled through a compromise course, they would have no objection to it because that will have the advantage of advancing the public purpose by shortening litigation and bringing a contentious matter to an end.
3. The learned counsel for the petitioners Mr. Stated that so long as the orders adverse to his clients field, he has no concern nor any objection if the dealers are accommodated in the new market.
4. The respondents feel satisfied if the Chairman of the Market Committee is ready to make a statement and give an undertaking to the Court that the acquisition of the plot for a new fruit and vegetable feeder market, which is under, agreement to sell, shall be completed and the applications of the 13 persons considered.
5. Mr. Ijaz Hussain, Chairman Market Committee, Jhelum states that an agreement to sell for acquisition of a piece of land measuring 8 Kanals has already been entered into on 29-11-1981 and an advance towards the same has already been paid. The balance of the transfer price would be paid and the sale got completed. He further submits that steps for the completion of the feeder market as well as the consideration of the dealers would thereafter be processed in accordance with law. He further states and undertakes that the whole project shall be completed within a period of one year.
6. The learned counsel for the petitioners, on instructions from his client Muhammad Siddiq who claims to represent all gives an under-taking that in so far as the dues recoverable from the petitioners are concerned, that liability shall be discharged before one year.
7. The learned counsel for the petitioners, on instructions from his client Muhammad Siddiq who claims to represent all gives an undertaking that in so far as the dues recoverable from the petitioners are concerned, that liability shall be discharged before one year.
The learned counsel for the petitioners as well as the learned Assistant Advocate-General and Ch. Muhammad Saeed learned counsel for the respondents-dealers and Mr. G. A. Farid Khan, Advocate, therefore pray that these writ petitions be disposed of in terms of the above compromise.
8. I have considered the request and I find that the compromise is lawful and is also in public interest. Therefore, I have no hesitation in allowing it.
9. I would, therefore, accept these writ petitions in terms of the compromise noticed above, In view of the fact that the parties have adopted a conciliatory course, there would be no order as to costs.