Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Application for alternate land was dismissed--Allotment of plot of one kanal--Physical possession of 18 marla plot handed over to petitioner--Map of town planning wing of LDA--Dispute of two marla land--There is a dispute of two marla land, same is a factual dispute, which cannot be decided by High Court in constitutional jurisdiction as Petitioner himself has taken different stance before Court--Dispute must be raised before Respondent LDA for compensation of same if any, if Petitioner is entitled to same based on price that was paid by Petitioner at time of physical possession of 18 marlas 92 square feet--Petition disposed of. ORDER Through this petition, the Petitioner has impugned order dated 30.11.2019 passed by Respondent ,No. 1, Director General, Lahore Development Authority (‘LDA’), Lahore. 2. The basic case of the Petitioner is that he has been allotted Plot No. 150 measuring 1 kanal (20 marlas) in Block-J LDA Avenue -1 Housing Scheme, Lahore but he has been given a plot measuring 14.93 marlas. Learned counsel states that this is not the size of the plot that he has paid for hence alternate plot be handed over to the Petitioner. In this regard, the Petitioner was heard as per the impugned order passed by Respondent No. 1. In terms thereof, the Petitioner was allotted 1 kanal plot and he was informed vide letter dated 19.11.2014 that he will be given physical possession after receiving plans from the Town Planning Wing, LDA. The Petitioner was ultimately handed over physical possession of 18 marla 92 square feet plot as verified by Town Planning Wing, LDA. Therefore, the contention of the Petitioner that he has been given a plot measuring 14.93 marlas is without basis. Learned counsel states that even otherwise, it is still two marla short and the Petitioner is entitled to the same. Learned counsel for the Respondent LDA explained that at the time when physical possession was handed over to the Petitioner and others in the same vicinity, they…

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