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1993 CLC 1206

BABAR ISLAM vs GOVERNMENT OF THE PUNJAB

Citation1993 CLC 1206
CourtLahore High Court
Case No.Writ Petition No,146 of 1991
Date1991-08-20
Judge(s)Raja Afrasiab Khan
ResultPetition accepted

1. ' On 3-7-1989, an officialletter was sent by the Deputy Director (Admn.) Kot Lakhpat Housing & Physical Planning Department Lahore to his Director saying that petitioner shall pay a sum of Rs,2,34,000 as cost of the plot and a sum of Rs,2,63,250 in all shall be paid by him with penal interest in lieu of sale of Plot No,16 Civic Centre Township Lahore. The contention of the learned counsel is that he has paid the whole transfer price including the interest to the respondent and that this fact of payment of price to the respondent has been disputed by the respondent-Department. The validity of this letter (Annexure 'C') has not been challenged by the Department. This being so, according to learned counsel it is established that petitioner has paid the total price of the plot including the interest to the respondent. It is further contended that the petitioner has paid over and above the actual price of the plot. In these circumstances it is argued by the learned counsel that the sale of the plot in favour of the petitioner may be upheld. This assertion has been disputed by the learned Advocate-General. There is thus a dispute about the extent of the payment of transfer price to the Department. However, it can easily be settled by the Departmental authorities after hearing the petitioner. Annexure 'C' indicates that the transfer of plot was not cancelled by the Director of the Housing Department. In other words it stood in the name of the auction purchaser under law. In this view of the matter transfer of plot No,16 shall be restored to the petitioner in the light of above said letter provided he makes the full payment of the balance cost if any with its usual interest on or before 30-8-1991. This writ petition succeeds and is allowed with no order as to costs.

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