| Citation(s) |
|---|
| 2017 SLG 1231 2017 SLD 1231 2017 PLJ 458 |
Lahore High Court
W.P. No. 1479 of 2012, heard on 9.1.2017. Date of hearing: 09.01.2017.
IBAD-UR-REHMAN LODHI, J.
Sh. Zamir Hussain, Advocate for Petitioners (in this Writ Petition and W.P. No. 1480/2012). Mr. Mujeeb-ur-Rehman Kiani, Advocate for Petitioner (in W.P. No. 3320/2012). Ch. Muhammad Masroof, Standing Counsel for Federation of Pakistan for
Respondents.
W.P. No. 1479 of 2012, heard on 9.1.2017. Date of hearing: 09.01.2017.
IBAD-UR-REHMAN LODHI, J.
Sh. Zamir Hussain, Advocate for Petitioners (in this Writ Petition and W.P. No. 1480/2012). Mr. Mujeeb-ur-Rehman Kiani, Advocate for Petitioner (in W.P. No. 3320/2012). Ch. Muhammad Masroof, Standing Counsel for Federation of Pakistan for
Respondents.
IFTIKHAR ALI MALIK and others . ers
VS
GOVERNMENT OF PAKISTAN and others . --Respondents
Law:
Section:
Cantonment Land Administration Rules, 1937 --.-- --.-- Schd. IX-C --.-- Constitution of Pakistan, 1973, Art. 199 --.-- Constitutional petition --.-- Conversion of lease --.-- Possession of residential plot --.-- Charged for purpose of property tax by cantonment authorities --.-- Demand excessive to rates --.-- Validity --.-- Application of petitioner has not so far been disposed of in any manner by M.E.O. --.-- Since requisite amount had already been deposited by petitioners in therefore, F.O.P. are directed to proceed accordingly and final order be passed within next 30-days positively for conversion of their properties held on old grant lease into regular lease in Schedule IX-C of Cantonment Land Administration Rules, 1937 for commercial purposes. JUDGMENT By means of this single order, I intend to dispose of this petition and Writ Petition No. 1480 of 2012 filed by the present petitioners and also W.P. No. 3320 of 2012 filed by Muhammad Sadiq, as the petitioners have challenged the impugned demand raised by the respondents' authorities regarding conversion of lease vide letters dated 04.01.2012 and 25.10.2012. 2. With the consent of learned counsel for the parties, the hearing of this petition and all referred petitions is being treated as pacca one. 3. The present petitioners are in possession of Properties No. 230 and 231, Survey No. 162/848 and 223 and 233, Survey No. 162/849, whereas Muhammad Sadiq petitioner in W.P. No. 3320/2012 is in possession of residential Plot No. 2, Survey No. 431/2. Iftikhar Ali Malik etc./present petitioners on the basis of revised policy of Government of Pakistan in the year 2007 vide letter No. 3/6/D-12(ML&C)/97-2007, dated 31.12.2007 have applied the Cantonment Board, Rawalpindi for conversion of their properties held on old grant lease into regular lease in Schedule IX-C of the Cantonment Land Administration Rules, 1937 (C.L.A.) for commercial purposes. On the other hand, Muhammad Sadiq petitioner in W.P. No. 3320/2012 with respect of his property has applied the Cantonment Board for conversion of lease from Schedule VIII to Schedule IX-C of The Cantonment Land Administration Rules, 1937 from residential to commercial…
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