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Thursday March 28, 2024

Getting plots possession from LDA a challenge for citizens

By Ali Raza
November 21, 2022

LAHORE:Citizens are facing extreme difficulties in getting possession of their legitimate plots from the Lahore Development Authority (LDA).

Sources in LDA revealed that a number of cases were pending in the Authority in which people purchased plots in LDA auctions and even deposited advance money but later either the auction was canceled or their allotment through the auction was canceled due to one reason or the other.

A similar case was recently taken up in the Authority’s 5th meeting (available with the scribe) in which the Authority directed Director General LDA to implement the court order dated 02/10/2013.

In this case, one Haji Bashir Khan s/o Haji Hassan Khan purchased two plots in Khyber Block, Allama Iqbal Town during an auction of the LDA held in 2004 and since then (almost 18 years) he was fighting legal battles in different courts.

As per the brief facts of the case, commercial plot Nos. 289-A/5 (measuring 5 marla-23 Sft) and 289-A/6 (measuring 5 marla-29 Sft), Khyber Block, Allama Iqbal Town, Lahore were placed in the open auction held on 23.12.2004 with bid starting price @ Rs275,000 per marla for each plot.

Haji Bashir Khan offered highest bid @Rs 372,000 per marla against plot No. 289-A/5 and @Rs 375,000 per marla against plot No. 289-A/6, Khyber Block, Allama Iqbal Town. Thereafter, the auction purchaser deposited Rs380,000 and Rs385,000 respectively for above mentioned both plots as 20% of advance cost of plot.

Later on, the case was placed before the Auction Committee of LDA, which recommended the bid to be accepted being reasonable and forwarded the same to the competent authority, the then DG, LDA on 01-02-2005.

It was also mentioned in the minutes of meeting of Auction Committee that in the previous auction held on 14-10-2004, another plot No. 288-A/26 located in the same vicinity was sold @Rs 370,000 per marla.

However, the competent authority rejected the bid on 18.03.2005 and subsequently bid rejection letters were issued to the bidder on 04.04.2005 and the bidder was further directed to take refund of his deposited money from Director Finance, LDA.

Feeling aggrieved, Haji Bashir filed a Civil Suit with the contention that he participated in the auction held on dated 23-12-2004 and offered highest bid @Rs372,000 per marla for plot No. 289-A/5 and @Rs375,000 per marla for plot No. 289A/6 and deposited Rs380,000 and Rs385,000 respectively as 20% advance cost of plot.

He claimed that as per advertisement of auction if bid was not approved within 30 days same was deemed to be approved as per law and LDA had no authority to reject the bid after 30 days. He said that there was no reason not to accept his offer, which was higher than the other bids despite of the facts that the said plots were 20/30 feet deep.

He prayed that LDA did not give any reason for rejection of his bids. He further prayed that order dated 18.03.2005 of LDA whereby the bid was rejected be declared illegal and unlawful and LDA be directed to issue demand notices for remaining amount and allotment letter and sale deed be executed in his favour. He also prayed that LDA may kindly be restrained permanently from alienating/transferring the plot to any other person.

The said suit was decreed as prayed for in favour of the plaintiff vide order dated 02-10-2013 by the court of Civil Judge, Lahore Naeem Abbas. Against the said order, LDA filed an appeal RFA No. 492/2014 titled “LDA etc vs Haji Bashir Ahmed Khan” which was sent to the learned District and Sessions Judge Lahore by the Registrar Lahore High Court in view of the increase in pecuniary jurisdiction.

The same Civil Appeal No. 19/2016 was dismissed on 11.07.2017 by the court of Addl. District Judge, Lahore Munawar Hussain.

Later on, LDA filed Civil Revision No. 216663/18 titled “LDA vs Haji Bashir Ahmed Khan” which is pending before the Honorable Lahore High Court, however, there is no restraining order passed therein.

The plaintiff decree holder has filed an execution petition titled “Haji Bashir Khan vs LDA” wherein the executing court of Civil Judge, Lahore M Tariq Rasheed Qamar has issued bailable warrants of DG LDA and non-bailable arrest warrants of the concerned Deputy Director, LDA for compliance of the court decree dated 02-10-2013. Last date of hearing was 12-09-2022 in which court stressed upon compliance of the court order in letter and spirit.

The executing court showed displeasure upon non-compliance of the decree dated: 02-10-2013 and pressed hard for implementation of the said order till next date of hearing.In order to avoid the embarrassing situation, the Authority allowed conditional execution of the Court decree subject to final outcome of the appeal pending in Lahore High Court, Lahore.