| Citation(s) |
|---|
| 2017 SLG 2503 2017 SLD 2503 2017 YLR 2111 |
Lahore High Court
Writ Petition No. 1479 of 2012, heard on 9-1-2017.
IBAD-UR-REHMAN LODHI, JUSTICE
Sh. Zamir Hussain for Petitioners (in W.P. No. 1480 of 2012). Mujeeb-ur-Rehman Kiani for Petitioner (in W.P. No. 3320 of 2012). Ch. Muhammad Masroof, Standing Counsel for Federation of Pakistan. Ch. Muhammad Yaqoob, Cantonment Board for
Respondents.
Writ Petition No. 1479 of 2012, heard on 9-1-2017.
IBAD-UR-REHMAN LODHI, JUSTICE
Sh. Zamir Hussain for Petitioners (in W.P. No. 1480 of 2012). Mujeeb-ur-Rehman Kiani for Petitioner (in W.P. No. 3320 of 2012). Ch. Muhammad Masroof, Standing Counsel for Federation of Pakistan. Ch. Muhammad Yaqoob, Cantonment Board for
Respondents.
IFTIKHAR ALI MALIK AND 3 OTHERS
VS
GOVERNMENT OF PAKISTAN, MINISTRY OF DEFENCE THROUGH SECRETARY DEFENCE, RAWALPINDI AND 3 OTHERS
Law:
Section:
Cantonments Land Administration Rules, 1937--- ----Sched. IX-C---Lease deed, conversion of---Grievance of petitioners was that they applied to the authorities for grant of commercial leases in year, 2007, therefore, they had to be charged for such premium and other charges in view of the policy---Validity---Cantonment Board had sanctioned site-plan for commercial building in favour of petitioner vide resolution dated 23-06-2006 and subsequent thereto, the building had been erected and the same was being charged for the purposes of property tax by Cantonment authorities---High Court set aside orders in question as demand of excessive amount by authorities was declared illegal and without lawful authority---Authorities were directed to proceed accordingly and final order be passed within next 30 days positively for conversion of old grant lease into regular lease in Sched. IX-C of Cantonment Land Administration Rules, 1937 for commercial purposes, as requisite amount was already deposited by petitioners with Cantonment Board---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- 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 Nos.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…
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