Law:

Section:

THIS JUDGMENT DELIVERED BY: SABIHUDDIN AHMED, JUSTICE:---.--- SABIHUDDIN AHMED, J. -The petitioner are a registered Society engaged in running a school. Upon a resolution of the Governing Body of the respondent No. 1 (KDA) dated 1-2-1986, they were to be allotted an amenity plot, but delivery of the plot was not effected for several years. The petitioner approached the Provincial Ombudsman who have an order dated 31-1-1994 directed that the resolution be implemented and Plot No. ST-14, Block 13, KDA Scheme No. 36, Gulistan-e-Jauhar be allotted to the petitioner. However, though an allotment order was issued on 13-9-1995, the same was cancelled when the Director (Planning and Urban Design), KDA reported that the area of land required was not available as part of it had been allotted to the Pakistan Atomic Energy Commission and the remaining had been auctioned, thereupon the KDA allotted another (and a larger plot) bearing No. ST-14, Block 2, measuring about 3749 sq. Yards to the petitioner vide allotment order, dated 28-10-1995. 2. It appears that the petitioner after obtaining possession of this plot in Block 2, had started raising construction thereon. Nevertheless he also moved the KDA alleging that the substituted plot was of lesser value and they should be compensated. It seems that by letter, dated 19-12-1996 the KDA proposed that two amenity plots i,e, (i) Plot No. ST-19, Block 14 and (ii) Plot ST-12, Block 14, were available andagreed to allot one of them to the petitioner. Apparently the petitioner opted for the former plot measuring about 3000 sq. Yards. They also approached the Provincial Mohtasib once again who by order, dated 10-3-1997 directed KDA to abide by their offer and allot one of the plots chosen by the petitioner to them. 3. An allotment order for the aforesaid plot was issued on 23-8-1997 and according to the petitioner possession was also delivered. The factum of delivery of possession, however, is denied by the respondent/KDA. Be that as it may it appeared that some area from this Plot (ST-19 Block 14) had been carved out and allotted. For residential purposes and only an area of 1835.55 square yards remained available. Accordingly the…

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