1. This Constitution petition is directed against the order dated 10-8-1987 passed by the first respondent whereby directing the fourth respondent to reassess the rent as industrial and commercial unit from the date it was changed as such and recover the balance from the tenant.
2. ' The facts leading to the filing of the above petition are that in the year 1947-48 the petitioner became the tenant of the land measuring 2.21 acres and bearing Survey No,178 Gujroo, Tappo Sagal, District Karachi. It is the case of the petitioner that he raised permanent construction, arranged for water supply, gas and electricity and established a workshop at his own cost for manufacture of motor vehicle parts. It is the case of the petitioner that initially the rent for the land was paid to Karachi Panjrapore Association, the evacuee owner. The rent was thereafter paid to the then Divisional Evacuee Trust Committee, Karachi and then to Evacuee Trust Property Board.
3. ' It is the further case of the petitioner that by order dated 4-12-1950 the then Custodian, Evacuee Property, Sindh and Federal Capital, Karachi granted the petitioner premission to install machinery for development of Industry. The office of the Deputy Custodian Evacuee certified the petitioner as the recorded tenant of the said land. The office of the Deputy Custodian Evacuee Property accorded permission to the petitioner to construct boundary wall on the said land at his own cost.
4. The Deputy Custodian Evacuee Property fixed rent at the rate of 45 per month vide order dated 10- 10-1956. Upon establishment of the office of the Divisional Evacuee Trust Committee, Karachi, managment of the said land vested in the Evacuee Trust Property Board. The rent was enahnced with effect from 1-7-1963 to Rs,90 per month.
5. ' The third respondent by his letter dated 31-5-1979 informed the petitioner that the rent of the said land was proposed to be re-assessed at the rate of Rs,2,000 per month. The petitioner filed objection to this proposed exhorbitant and unreasonable increase in the rent. The third respondent by order dated 24-6-1979 fixed the rent at Rs,1,000 per month. The petitioner preferred an appeal before the second respondent. The rent was reduced to Rs,500 per month vide order dated 8-3- 1980.
6. ' The petitioner filed a revision petition before the first respondent. The rent was reduced from Rs,500 per month to Rs,300 per month vide order dated 10-12-1981.
7. ' It is the further case of the petitioner that in spite of the aforesaid order of first respondent, the third respondent vide letter dated 23-12-1981 again proposed to increase rent of the said land to Rs,5,000 per month with effect from 1-1-1982. This proposal was subsequently withdrawn after written representation. The proposal was withdrawn by order dated 23-12-1981. The third respondent vide order dated 26-3-1983 informed the petitioner that he proposed to increase rent to Rs,1,500 per month with effect from 1-7-1982. The petitioner sent a reply dated 25-4-1983. The third respondent by his order dated 9-5-1983 re-assessed the rent and fixed the same at Rs,1,000 per month. The petitioner went in appeal before the second respondent who reduced the rate of rent from Rs,1,000 to Rs,900 per month to be charged with effect from 1-6-1982. Being aggrieved by the aforesaid order, the petitioner filed revision. The first respondent passed the impugned order dated 10-8-1987. Hence the present petition.
8. ' I have heard Mr. Mushtaq Memon, learned counsel appearing for the petitioner and Mr. S.H.
9. Mujtaba, learned counsel appearing for the respondents. I have gone through the annexures annexed to the memo. Of petition.
10. ' It is an admitted position that the petitioner is in possession of plot No,178, Deh Gujoo, University Road, Karachi. It has come on record that the then Custodian of Evacuee Property, Sindh and Federal Capital, Karachi permitted the petitioner to install huge machinery of motor parts/shop on the said land. This permission was granted by order dated 4-12-1950. This fact was noticed by the Joint Secretary, Ministry of Religious Affairs & Minorities Affairs in his order dated 10-12-1981 (Annexure 'L.' to the petition). It is advantageous to reproduce the relevant portion which reads as under:- "The rate of rent if assessed in the light of policy of the Board relevant at the time could not exceed Rs,300 p.m. Keeping in view the fact that the land was being utilized for commercial purposes."
11. ' It is also advantageous to reproduce the relevant portion from the impugned order, which reads as under:- "Since the land is being utilized by the tenant for commercial purposes for the last so many years, the Chairman E.T.P. Board is directed to reassess the rent as industrial and commercial unit from the date it was changed as such and recover the balance from the tenant under advice to this Court."
12. This Constitution petition is directed against the order dated 10-8-1987 passed by the first respondent whereby directing the fourth respondent to reassess the rent as industrial and commercial unit from the date it was changed as such and recover the balance from the tenant.It has come on record that the petitioner has been using the said plot as commercial place since 1950. This fact was not only within the knowledge of the concerned authorities, but it was part of the record. This is clear from the observations of Joint Secretary, reproduced hereinabove. In this view of the matter, I am of the view that the observations made in the impugned order are contrary to the facts on the record and the same are set aside. The Joint Secretary held that Rs,300 per month should be charged up to the next assessment year which is due from 1st June, 1982. The third respondent re-assessed the rent and fixed the same at Rs,1,000 per month with effect from 1-6- 1982. The second respondent on appeal reduced the same from Rs,1,000 to Rs,900 per month with effect from 1-6-1982.
13. I, therefore, hold that Rs,900 per month shall be charged up to the next assessment. The E.T.P.B.
14. Should follow the directions contained in order dated C 10-12-1981 of the Joint Secretary, Ministry of Religious Affairs and Minorities Affairs.
15. ' The petition is disposed of in the above terms with no order as to costs.