BEFORE LAHORE DEVELOPMENT AUTHORITY COMMISSION, Reference No. 93/2018 LAHORE PRESENT: Mr. Javaid Akhtar, Chairman Mr. Muhammad Yousaf, Member Mr. Adnan Farouqi Slo Muhammad Zahoor Farooqi RIo House No. 207 Block J-I, MA Johar Town Lahore. Vs. Applicant 1. Lahore Development Authority through Director General, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore. 2. Director, Land Development-I, 467/D-II, Main Boulevard, M.A. Johar Town, Lahore. Respondents Order Mr. Adnan Farooqi slo Muhammad Zahoor Farooqi submitted application at One Window on 27.02.2016 vide receipt No. 226763 for filing reference to the LDA Commission. The Authorized Officer under sub-section (4) of section 32 of LDA (Amendment) Act, 2013 read with sub-rule (1) of the Rule 7 of the Lahore Development Authority Commission Rules, 2014, referred the case to the Commission which was received on 21.01.2018. It was entered in the Institution Register at Serial No.93 of 2018. Notices were issued to the Applicant, the Director General LDA and Director Land Development-I, Deputy Director Land Development-1, Land Acquisition Collector, LDA Patwari(exemption) DLD-1, Sub-Registrar Data Ganj Bakhsh Town, Patwari Halqa Niaz Baig and other witnesses. The statement of the Applicant, Patwari LAC, Patwari (Exemption) DLD-1and DD Exemption (DLD-1), Ali Bin Suhail were recorded. The report from Sub Registrar office Data Ganj Bakhsh regarding document No. 14990 dated 29.07.1981 was called. The documents produced by the Applicant, Patwari Halqa, LAC LDA and Sub-Registrar office were examined and photo copies thereof were placed on the reference file. The notice for appearance to Dr. Major Muhammad Afzal Mughal slo Allah Ditta was also sent at his available address but he could not be traced at the given address because of shifting of residence to some unknown place. File of the plot JTNB-II-5610-A Page lof7 \ ~ot.z.oi~
attached with the reference by the Directorate Land Development-I (hereafter referred to as plot file) was examined. 2. According to the reference filed by the LOA; "One Mr. Muhammad Shafiq Slo Muhammad Rafique was owner of land measuring 1-Kanal 13-Marla comprising Khasra No. 11266 of Mouza Niaz Baig, Lahore on the basis of mutation No. 11124 sanctioned on 20.01.1981. Land Acquisition Collector, LOA announced award Part-B No. 39 and Part-C No. 195 and on the basis of award exemption was granted on 16.11.1996 by the then Director Land Development, LOA in favour of Mr. Muhammad Shafique Slo Muhammad Rafique through GPA Muhammad Afzal Mughal Slo Mian Allah Ditta in shape of two (2) plots measuring 105 sqm each. The Allocation Committee, LOA allocated plots No. 547, 548, Block-L, Johar Town, Lahore. Allocation letters in the name of Mr. Muhammad Shafique Slo Muhammad Rafique were issued on 03.10.1996. Final Demand Notice as issued vide voucher No. 100 dated 07.11.1996. Exemption letter was issued on 17.11.1996. Possession Order was issued on 27.11.1996 in favour of the exemptee. Physical Possession of the plot No. 548, Block-L was issued by the Estate Officer, LOA on 14.01.1997. Subsequently it came on the surface that plot No. 548 Block-L has already been allocated in exemption file No. JT-NB-II-1147 in the year 1991. Due to duplication Plot No. 548 Block-L was exchanged with plot No. 207, Block-J/1 in exemption file No. JT-NB-11/5010-Aby the Allocation Committee, LOA in its meeting held on 02.09.2004. Exchange Letter was issued vide No. JT-NB-11/5610-A/1153dated 16.09.2004. Exemption Letter of plot No. 207 Block-J/1 was issued on 11.12.2004, Possession order of plot No. 207 Block-J/1 issued on 01.01.2005 and physical possession was handed over to the exemptee through GPA Mr. Muhammad Afzal Mughal on 15.01.2005. Mr. Muhammad Afzal Mughal GPA of Mr. Shafique Slo Muhammad Rafique filed a transfer application of plot No. 207 Block-J/1 in favour of Mr. Adnan Farooqi Slo Muhammad Zahoor-ul-Haq Farooqi through One Window No. 28694 dated applied through One Window No. 2178179 dated 28.07.2015 for obtaining Building Period Extension w.e.f. 23.01.2009 to 19.06.2014. File was sent to Land Acquisition Collector, LOA for ownership verification of the exemptee. The Land Acquisition Collector, LOA reported that award from the name of Mr. Muhammad Shafique Slo Muhammad Rafique has been cancelled and now Dr. Muhammad Afzal Slo Mian Allah Ditta is the owner of land measuring 1-kanal 13-marla comprising Khasra No. 11266 Mouza Niaz Baig. Breakup/Goshawara of Khasra prepared by the Patwari of Exemption Branch reveals that a file No. JT-NB-1I/2832 has been Page2 of7
constructed in the name of Muhammad Afzal which is attached herewith for reference." 3. LOA obtained reports from its Directorates in the instant case and made following observations: i). Break-up/goshawara of Khasra No. 11266 Mouza Niaz Baig prepared at para No. 75/N and forwarded to LAC, LOA for verification of ownership. LAC has reported that name of Mr. Muhammad Shafique Slo Muhammad Rafique file No. JT-NB- 11/5610"KHARAJ AS AWARD" Para No. 77/N. ii). iii). Revenue Directorate, LOA has verified all the deposited amounts vide para No. 83 & 85/N including transfer fee in favour of Mr. Muhammad Adnan Farooqi (Applicant). Estate Officer, LOA has report at para 87-89/N that possession of plot No. 207 Block-J/1 was handed over to Mr. Muhammad Shafique Slo Muhammad Rafique through GPA Muhammad Afzal Mughal Slo Mian Allah Ditta on 15.01.2005 and there is a double storey building stand constructed at site. iv). Town Planning Branch vide para No. 92/N has reported that Building Plan of plot No.207 Block-J/1 has been sanctioned on 17.05.2005 in the name of Mr. Adnan Farooqi and covered area of the said plot is 154.20 Sqm. While the Completion Certificate has not so far been issued. v). vi). vii). The scrutiny list was also consulted and found that file No. JT NB-11/5610 existed in scrutiny list. The Scrutiny Committee LOA recommended to OLD-I for further probe. Instant file is not included in the list of missing files which was published in the newspaper in the year 2009. Personal hearing of Mr. Adnan Farooqi Slo Muhammad Zahoorul-Haq Farooqi CNIC #35202-2399853-5 along-with original documents was recorded at para No. 108-109/N. 4. Mr. Adnan Farooqi, the Applicant, appeared on 06.06.2018 and recorded his statement on oath. He contended that he purchased the plot No. 207, Block J-I MA Johar Town through Orient Estate Agency. During the purchase his cousin Shahzad Aslam remained involved. Initially he paid Rs. 10,0001- as a token and went to LOA office to check the file. They got the copy of transfer letter and then he signed the Agreement to Sell with Mr. Niaz Ali Niaz ' Io M Faqir Ali RIo House No. 269 Sutlej Block, Allama Iqbal Town.'\/ I - Page 3 of 7 L~~lC'-!'~.. 'If 1' ~g:j..o1k' '~')_'l 0'(;,',
Lahore. He paid Rs. 4,00,000/- through Cheque No. 2670678 dated 17.02.200S as bid money. Later he paid Rs. S,7S,000/- through Cheque No. 809213 dated 10.03.200S and Rs. 4,00,000/- through Cheque No. 809214 dated 10.03.200S of Habib Bank Ltd. He claimed that he paid Rs. 1,00,000/ in cash but he did not collect the receipt. Mr. Nisar Ahmad Patwari LAC LOA office stated that at Award No. 39-B dated 09.10.1982 Khasra No. 11266 Muhammad Sahfiqe s/o Muhammad Raffique is mentioned as awardee of 01K-13M land. The total area of Khasra No. 11266 as per settlement is 10K OSM. Later through an entry in the Award Dr. Muhammad Afzal has been shown as the awardee as a consequence of mutation No. 14277 of Mauza Niaz Baig. S. As per report of Patwari Revenue Halqa Niaz Baig available at pages 117-119 of Reference File, land measuring 10K-OSM in Khasra No. 112666 Barkat Bibi and others sold this land to different persons namely Shanaz Ali (01K-13M), Arshad Hussain (01K-13M), Nasira Begum (01K-14M), Muhammad Shafique (01 K-13M), Khalid Mahmood (01 K-13M), Farooq Qaiser (01 K-13M), Zarina Rafique (OK-14M). Muhammad Shafique s/o Muhammad Rafique sold his land further to Dr. Muhammad Afzal vide mutation No. 14277 dated 18.08.1981 and Zarina Rafique her land to Abdul Razzaq s/o Muhammad Rafique. If these two subsequent transfers by Muhammad Shafique and Zarina Rafique are excluded, actually Barkat Bibi and others have only transferred land measuring10k-03m. It has been noted that the Award of Zarina Rafique has been cancelled while exemption of Dr. Muhammad Afzal as Transferee of land is not proved from the record available with LOA and from the comments filed by LOA in the civil court. 6. LOA has made its case of double exemption on the basis of report of patwari LAC office which has prepared a Goshwara of Khasra No. 11266 measuring 10K-OSM where after calculating the exemption of Arshad Hussain (01 K-13M), Farooq Kasur (01 K-03M), Khalid Mahmood (01 K-13M), Shahbaz Ali (01K-13M), Mst. Nasir Begum (01K-14) and Muhammad Sahfique (01 K-13M) he has pointed that exemption of 12K-06M has been granted against the land of 10K-OSM. He has further reported that Award of Zarina Farooq (OK-14M) has been cancelled. While Wazir Begum and Sardar Begum for SM each are awardee in this Khasra No. He had mentioned as Muhammad Afzal as amended awardee in file No. JTNB 2832 for land measuring 01 K-13M. However if the award in the names of Muhammad Afzal and Zarina Rafique are excluded from the Goshwara, exemption of land measuring 09K-19M has been granted against Khasra NO. 11266. This exclusion is being considered sicne award in the name of Zariana Rafique has been cancelled and exemption in the name of Dr. Muhammad Afzal has not been proved., r- I \ 1 \ r---.s->: ~-- ('.i I' t' x)', \ ~ \' \ " I' / Page 4 of 7
7. The perusal of file No. JTNB-5610 main file of exemption revealed that Muhammad Shafique slo Muhammad Rafiq filed application on 09.08.1885 through GPA Muhammad Afzal, 50 Tipu Block New Garden Town Lahore, for exemption of plot against land measuring 01K-13M falling in khasra No. 11266 in Mauza Niaz Baig. Along with Application copies of 10 card of Muhammad Shafique and Muhammad Afzal, attested copies of revenue record and registered GPA in favour of Muhammad Afzal were also attached. Copies of 10 cards of both Muhmammad Shafique and Muhammad Afzal are available at pages 0003-06. GPA was issued in favour of Doctor Muhammad Afzal by Muhammad Shafique which was registered with sub-registrar as document No. 3435 bahi No. 4 volume No. 522 pages 133-134 on 28.05.1979. According to copy of sale deed (pages 00011-00017) No. 2305 bahi No.1 volume 182 dated 28.01.1979 Muhammad Shafique had purchased land measuring 01K-13M from Barkat Bibi and others. Permission of exemption was granted by Director Land Development vide para 21IN of file and allocation of two plots No. 547 and 548 Block L measuring 105 sqm. was allowed on 24.01.1996. Meanwhile Ch. Bahsir slo Hukam Din Rio 61/17/B-I, College Road Township Lahore filed a civil suit on 11.03.2004 against Dr. Irfan Afzal Mughal, Dr. Muhammad Afzal Mughal and Muhammad Shafique slo Muhammad Rafique for specific performance to sell plot No. 547 and 548 Block L, Johar Town. The civil suit was dismissed as a result of compromise between parties on 15.07.2004. Subsequently plot No. 548 Block L, Johar Town was withdrawn from the name of Muhammad Shafique (page No. 00029 of plot file) and plot No. 207 Block J-I was allocated in the meeting of Allocation Committee dated 02.09.2004 (page 00035/C). In Para-77/N of the main file it was reported that there is no other file in the name of Muhammad Shafique. The new plot was got transferred by Dr. Muhammad Afzal in favour of the Applicant by filing Transfer Application set on 10.03.2005. 8. The perusal of PUC file No. JTNB-1I/2832revealed that an application of Mr. Muzzafar Husain slo Noor Khan Rio Pindi Rattan Singh Muridke District Sheikhupura 10 card No. 35401-5971919-7 for extension in building period for plot No. 910 Block R-1, MA Johar Town Scheme is in process in OLD-I office. The application itself does not mention but subsequent papers in file show that the case is being pursued by Mr. Tausif Malik slo Liaqat Ali holding 10 card No. 35202-4672222-9 and Rio 89 Block-D, Azmir Town Lahore. The original file is missing, and in the PUC file there is no statement of the Petitioner, Muzaffar Hussain regarding his claim over the plot No. 910 Block R-1 Johar Town. However, in a civil suit filed by Muzzafar Hussain, he claims that Dr. Muhammad Afzal was owner of land 03k-06M falling in khasra No. 11266 and 12965 situated in village "Ajhodia pur" and Dr. Afzal was exempted plot No. 910 of one kanal in lieu of that land. Mr. Tausif Malik Page5 of7
in his separate suit claimed that he had purchased the plot from Amin Muhammad Khan on 20.03.2003 while Muzzafar Hussain claims that he purchased the plot from Mr. Anwar Ali slo Ghulam Ali. Since Mr.Tausif Malik is SPA of Muzaffar Hussain (Page 91 of PUC file), statements and claims of executant and SPA both about the facts should have not been different. Mr. Tauseef Malik has produced the papers regarding alleged allocation, exemption etc. related to file No. JTNB-II-1159 which is also missing and not available in the record. About these papers OLD-I in his comments has stated that "all these documents are bogus & fake and Plaintiff has himself fabricated them to usurp plot No. 910 Block R-I Johar Town Scheme. The bogus allocation letter bears the name of exemptee as Mst. Begum Tahira Anwar wlo Masood Anwar and her ownership 3Kanal-7Marla under khasra No. 12854 Mouza Niaz Baig." In the civil suit Muzzafar Hussain VS LOA the LOA has reported that "file No. JT-NB-II-2832 is an unpassed file meaning thereby exemption was not granted on said file by Competent Authority." It appears that Mr. Tausif Malik is trying to grab the plot No. 910 Block R-I Johar Town. However, the exact position can only be decided by LOA after considering documents and statements of claimants. The perusal of file No. JTNBII/2832 further shows that the permission of reconstruction has not been granted so far by the Competent Authority, therefore this is still a PUC file. 9. The exemption to Muhammad Shafique was allowed to him through Dr. Muhammad Afzal Mughal on file No. JTNB-II-5610 of two plots of 547 and 548 Block L, Johar Town. The plot No. 548 was later on exchanged with Plot No. 207 Block J, Johar Town and transferred to the Applicant. As per record available, Muhammad Shafique sold the land to Dr. Muhammad Afzal vide registered Sale Deed dated 29.07.1981 after taking over possession of the said land by LOA. But there is nothing on record which could indicate that Dr. Muhammad Afzal has obtained exemption in lieu of the land transferred to him. In the comments of LOA it has also been reported that the file is unpassed file in the record of Revenue Staff. In view of above discussion, it is quite evident that so far grant of exemption in File No. JTNB-2832 has been proved. The claim of LOA about double exemption therefore has no ground. 10. From the record and evidence, it is clear that the Applicant is a bona fide purchaser. He has paid full price of the plot and had constructed the house. This Commission, therefore, recommends that the Applicant Mr. Adnan Farooqi be allowed to retain the plot No. 207, Block J, MA Johar Town Scheme and the title of the Applicant or his Successor in interest at no stage, shall be called in question by LOA and the cases for sanction of the building plan, commercialization, issuance of NOC, further transfer etc. in respect of, Page6of7 \ " /~, -' "': --:_- c ',!..------ "~' J f'
the above plot shall be processed by LOA as per relevant rules/policy in vogue. It is also recommended that the processing in PUC file No. JTNBII-2832 be got examined by a Committee constituted by the Director General LOA since there are conflicting reports in the said file regarding deposit of amounts and entries about the file in LOA's Revenue Record. r t <1,,/.(I' -----:'''. '1(,11. II~:---:Z 7. C~ (Muhammad Yousaf) Member, LDAC Chairman, LDAC Announced 27.08.2018 Page 7 of 7