MALIK MUHAMMAD QAYYUM, J:- The petitioner was allotted a plot bearing No.512 measuring 10 Marlas in Sabzazar Housing Scheme, vide allotment order No. DEM/LDA/AD-II1/1532 dated 11th July, 1990, It appears that the allotment of this plot was withdrawn and instead the petitioner was allotted plot No.560 in Block G/I measuring 10 Marlas in M.A. Johar Town Scheme by respondent No.2 vide order dated 16th August, 1990. The petitioner was called upon to deposit the price of the plot. There is no dispute that he has paid an amount of Rs.57,147/- on 31st August, 1990. The other formalities are also stated to have been fulfilled.
2. The petitioner applied for the delivery of possession, of the plot, but as the needful was not being done, he filed this constitutional petition praying that the respondents be directed to proceed further in the matter.
3. In the report and parawise comments filed by the respondents, it has been admitted that the plot in question was allotted to the petitioner but it has been stated that the Chief Minister on 27th January, 1991 had directed that the request of the petitioner for allotment of the plot be not entertained and as such the L.D.A, was not in a position to proceed further in the matter and that the amount deposit by the petitioner will be refunded to it in due course.
4. In support of this petition, learned counsel for the petitioner has relied upon the judgments of this Court in Writ Petition Nos. 5866/90 and 5867/90 holding that the allotment once made cannot be withdrawn/cancelled without granting an opportunity of being heard to the petitioner. The other contention of the learned counsel is that the policy decision referred in the order of the Chief Minister, cannot be made retrospectively applicable to the allotments made prior thereto.
5. It has already been held by this Court in Writ Petition Nos.5866/90 and 5867/90 that allotment made in favour of an individual cannot be cancelled without affording him an opportunity of being heard. It was also so held by the Sind High Court in Yar Muhammad Vs Karachi Development Authority through its Director General and another (PLD 1976 Karachi 830).
6. There is also merit in the contention of the learned counsel for the petitioner that the allotments already made could not be cancelled on account of the policy decision of the Chief Minister. It is of advantage to reproduce the reason disclosed by the respondent for cancelling the plot as stated in para 5 of the parawise comments:- That the summary forwarded by the L.D.A. To the Chief Minister, Punjab, for confirmation of allotment of plot in favour of Mr. Arshad Mehmood was received back with the following remarks on 27.1.91:- "Chief Minister has seen and observed that in view of the recent policy decision the proposal for the allotment of a ten Marla plot cannot be entertained".
Therefore, LDA was not authorized to proceed further in the matter. The amount deposited by the petitioner may be refunded to him in due course."
7. There appears to be some misconception on the part of the authorities concerned, inasmuch as it is not disputed that the plot already stood allotted in favour of the petitioner as far back as 16th August, 1990, and there was no request by the petitioner for fresh allotment of any plot. For this reason also, the impugned action of the respondents is not sustainable.
8. In view of what has been stated above, this petition is allowed and the respondents are directed to proceed further in the matter in accordance with law.
No orders as to costs.