' NASIR ASLAM ZAHID, J.---The petitioner is Pakistan Post Office Employees Co-operative Housing Society Limited, a society registered under Section 25 of the Co-operative Societies Act, 1925. The case of the Petitioner Society is that they had purchased 64.12 acres of land from private Khatedars and these lands are situated in Scheme No,33 of K.D.A. And fall within Sector 13-A of the Layout Plan of the Master Plan Department of K.D.A. The question involved this petition is whether the lands of the Petitioner Society fall within Sector A of Scheme No,33 of K.D.A. The petitioner has relied upon certain letters issued from office of the Deputy Commissioner, East Karachi to the effect that lands in question fall within Sector 13-A. It has been stated in the memo. Of petition that approximately 20 acres of land belonging to the Petitioner Society le been allotted to 3 other Cooperative Housing Societies and one individual a prayer has been made in the petition that such allotments may be held to unlawful. A, prayer has also been made for a declaration that the order dated 5-1985 of K.D.A. Refusing to include the Petitioners' land in Sector 13-A of )A. Of Scheme No,33 is unlawful. The Petitioner has also prayed for a direction that the said land of the Petitioners be included in Sector 13-A. We have trd Mr. Syed Sami Ahmed, learned counsel for the Petitioners, Mr. S.H. :abash, learned counsel for K.D.A. (respondent No,1), Mr. Muhammad Ilyas an, learned counsel for Deputy Commissioner, East Karachi (respondent No,2), Mr. A.R. Akhtar learned counsel for Sialkot Cooperative Housing Society (respondent No,3), Mr. Abdul Latif A. Shakoor, learned counsel for All Memon Welfare Cooperative Housing Society (respondent No,5) and Mr. A.A. Fazed, learned counsel who represents Naveedul Haque Siddiqui (respondent No,7) and legal representatives of Mobinul Haque Siddiqui (respondent No,6). Respondent No,4 Mashriqui Cooperative Housing Society has remained absent.
2. As regards the alleged allotment of lands belonging to the Petitioner Society to another party it may be observed that if any land is owned by the Petitioner Society, the same could not have been allotted by the Government of Sindh to any other party without the Petitioner being first deprived of their rights under some law.
3. As regarding the inclusion of the lands belonging to the Petitioner Society in Sector 13-A of Scheme No,33, learned Counsel for the Petitioner has relied upon the letter dated 5-11-1980 of the Deputy Commissioner Karachi East, addressed to the Director Master Plan Department, K.D A.
Karachi which refers to the aforesaid lands of the Petitioner Society and then said letter states as follows:- "Photostat copy of application is enclosed. All these S.Nos. Fall in Sector 13-A of Scheme No,33. The request of the applicant for planning may be examined by the Karachi Development Authority."
Learned counsel for the Petitioner has also relied upon the Layout Plan of the Master Plan Department of K.D.A. Scheme No, 1 and also the plan o Sector 13-A of K.D.A. Scheme No,1.
4. On behalf of the Government of Sindh, Mr. Muhammad Ilyas Khan has appeared and he states that apparently the letters issued earlier stating that al the lands of the Petitioner Society fall within Sector 13-A have been issued without first ascertaining that the said lands fall within Sector 13-A.
According t the learned counsel, no demarcation has been done in respect of the lands of the Petitioner Society and as such it cannot be stated positively whether the said land or any part of the said lands fall within Sector 13-A. Mr. Syed Sami Ahmed learned counsel for the Petitioners has also referred to a statement made b Mr. Muhammad Ibrahim Dasti on 30-10-1984 that 46 acres of Petitioner's land fall within Sector 13-A and also to the order dated 27-8-1986 where a stay order has been granted by this Court in connection with 46 acres of land on the basis o the aforesaid statement made by Mr. Muhammad Ibrahim Dasti.
5. Mr. S.H. Kizilbash states that apprarently this statement was made by Mr. Muhammad Ibrahim Dasti for lack of proper instructions.
6. It appears that the lands of the Petitioners Society in Sector 13-A has not been demarcated by the City Survey Office of Karachi East. Mr. A.A. Fazee learned counsel appearing for respondents Nos.6 and 7, which respondents h. Also purchased lands from private parties, states that his client has got the demarcated from the City Survey Office, Karachi and documents to that effect are placed on record.
7. We had asked Mr. Syed Sami Ahmed, learned counsel for the petitioner whether the demarcation of the aforesaid lands of the Petitioner Society has been done by the City Survey Office and his reply was that, according to his instructions and on the basis of the letters written by the Deputy Commissioner, the Petitioner Society was all along under the impression that the aforesaid lands of the Petitioner Society fall within Section 13-A of K.D.A. Scheme No,33 and in any case the responsibility for getting the demarcation done was that of the Government of Sindh and the Master Plan Department of the K.D.A. The fact, however, remains that the demarcation of the aforesaid lands of the Petitioner Society has not been done so far by the City Survey Office.
8. In the circumstances of the case, it is directed that the demarcation of the aforesaid 64.12 acres of lands of the Petitioner Society will be done by the City Survey Office (East) Karachi, within three months from today after issuing notice to the concerned parties. After the demarcation has been done, if the petitioner Society wants that any of its lands which have been demarcated should be included in any layout plan of the K.D.A., an application to that effect will be added by the Petitioner to the Deputy Commissioner (East) Karachi, after payment of the outer development charges, which application will be forwarded to the K.DA. Who shall, on fulfillment of all formalities, include the lands in the concerned Layout Plan of Scheme No,33 of K.D.A.
9. Constitutional Petition No,D-718 of 1984 stands disposed of accordingly with no order as to costs.