Law: Punjab Office of Ombudsman Act, 1997

Section: 32

Law: Constitution of Pakistan 1973

Section: 199

Punjab Office of the Ombudsman Act 1997-? —S. 32-Constitution of Pakistan, 1973, Art. 199-Determination of Commercialization fee by L.D.A.--Petitioner was earlier declined commercialization by L.D.A. against which Writ petition and Intra Court Appeal were dismissed--Held: Provincial Ombudsman was not competent to direct L.D.A. by ignoring the findings of High Court in Writ petition and in I.C.A.-Order was rightly been set aside by order of Governor-High Court directed L.D.A. to redecid the matter of commercialization of petitioner's property in accordance with Law and Rules, within 2 weeks.                                                    [P. 1647] A & B Date of hearing g: 30.4.2004.                                                                                                                       order This Constitutional petition seeks order dated 15.1.2004 passed by Respondent No. 1 to be declared illegal, void and of no legal consequence, whereby order of the Provincial Ombudsman dated 5.8.2002 was set aside.   2-, Precisely relevant facts are that Property No. 94-D/I, Gulberg-IH, Lahore was originally owned by Pakistan Mineral Development Corporation (PMDC), who applied for its commercialization on which two options were given by the LDA Office i.e. permanent commercialization on payment of Rs. 71,41,000/- subject to furnishing of NOCs from the owners of adjoining properties and temporary commercialization on payment of yearly charges of Rs. 5,38,297/- PMDC elected to have commercialization on 15.5.1995. This properly was subsequently sold through open auction to Mr. Muhammad Saleem Bhatti,…