Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Adjustment of property in the housing scheme--- Scope--- Contention of respondent-Authority was that petitioner had taken the possession of land in dispute illegally and unlawfully---Validity---Petitioner was owner of land in question and possession of the same was also with him---Petitioner got proprietary rights of property in the year 1973 and subsequently housing scheme was announced by the respondent-Authority but legal rights were not given to him and till 2009 no step was taken against him---Impugned order was passed to undo the orders passed by the High Court in the earlier round of litigation---Respondents-Authority had already exempted more than one plots to its owners---Impugned order passed by the Authority was void ab initio having no legal effect against the rights of petitioner--Authority was directed to process the case of petitioner for adjustment of his plots in the housing scheme---Constitutional petition was accepted in circumstances. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.--- Through this constitutional writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the legality of letter No.LDA/DLD-V/6108, dated 28-1-2009 and letter No. LDA-DLD-II/7702, dated 1-9-2006 issued by respondent No.2 (Director Land Development, Lahore Development Authority, Lahore). 2. The cause of action as given in the writ petition is that the petitioner is owner in possession of land measuring 1 kanal-2 marlas-66 sq. ft. situated in Khewat No.62, Khatooni No.190, Khasra No.20, Mauza Nawankot, Lahore (called Irfan Colony Sanda Bhatiyan, Lahore) purchased by him through registered sale-deed duly executed in his favour on 7-6-1973. Soon after the purchase, the petitioner erected construction on the said land. In the year 1975, the respondents announced "Band Road Scheme (now Gulshan-e-Ravi Scheme)". Since constructions at the site were already in existence, the residents of the colonies approached the LDA for adjustment of said colonies in the scheme. Certain colonies including Irfan Colony, Arain Colony Sanda Bhatiyan were declared…

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