Law: Lahore Development Authority Act, (XXX of 1975)

Section: 39

Law: Constitution of Pakistan, 1973

Section: 199

Lahore Development Authority Act, 1975-- ----S. 39--Constitution of Pakistan, 1973, Art. 199--Litigation pending--Occupants quarters--Second round of litigation--Challenge to--Direction can only be given in presence of admitted facts, where it is discernable that respondent being functionary relating to affairs of Federation or Province is not performing its statutory duty--Assertions of parties in this petition show that number of facts are in dispute, which need to be resolved on basis of evidence--By now it is settled law that this Court cannot enter into factual inquiry under Constitutional jurisdiction, even if resolution is required on basis of some documents--Court to evaluate evidence and decide dispute is Court of plenary jurisdiction--Without prejudice to above reasons, there is force in respondents objection that occupants of quarters have not been arrayed as party to this petition. ORDER This is second round of litigation. In earlier round, a direction was given in W.P. No. 39239 of 2015 in following words: “3. In view of the above, the findings of the D.G. LDA in the order dated 27.8.2011 with regard to requiring the petitioner to have the possession restored is set aside and the matter is sent back to the D.G LDA for decision afresh, either himself or through a delegate duly deputed in this regard on the precise question whether Section 39 is applicable to the facts and circumstances of the case and whether the petitioner is entitled to rely upon it to require the LDA to have vacant possession restored to the petitioner. This shall be done within a period of three months from the receipt of the order of this Court.” In compliance of the direction, the impugned order dated 02.05.2017 was passed and is challenged through this petition. Operative part of the impugned order is reproduced hereunder: “The matter has been reviewed in light of the direction of the Honourable Lahore High Court, Lahore. Arguments have been heard and record has been examined afresh. It has been surfaced that the predecessor-in-interest of the petitioner showed their willingness to accept the adjustment/exemption of the subject plot i.e., Plot No. 35-C New Muslim Town at…

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