PHC allows PDA to receive plot restoration charges

PESHAWAR: The Peshawar High Court (PHC) on Thursday suspended the orders of the provincial ombudsman stopping the Peshawar Development Authority (PDA) from receiving charges for restoration of plots.

A division bench comprising Justice Lal Jan Khattak and Justice Ghazanfar Khan also issued a notice to the provincial government and ombudsman, directing them to submit reply in the case before the next hearing.

The bench passed the directions in a writ petition filed by PDA through its Director General (DG) Saleem Hassan Wattoo and housing officer through their lawyer Muhammad Tariq Afridi.

During hearing, counsel for the petitioners submitted that a plot measuring six kanals situated in Hayatabad, Peshawar, was allotted and transferred in the name of Dr Hazrat Bilal for establishment of Institute of Urology on November 7, 1992.

He pointed out that on February 16, 2014 an advertisement was published in the print media by the North-West Institute of Health Sciences, inviting applications for admissions in the subjects of health, pharmacy, anaesthesia, cardiology, surgical, pathology and dental technology and it mentioned the address of the same plot allotted to Dr Hazrat Bilal.

He informed the bench that the respondent doctor had changed the use of building from hospital to educational institution; therefore, a notice was issued asking him to desist from illegal activities and to convert the plot to its original purpose within 15 days, otherwise, the allotment would be cancelled.

However, he submitted that the respondent doctor ignored the notices. He said the competent authority, after all legal procedures, cancelled the plot of the respondent doctor.

It was submitted in the petition that the respondent doctor then filed an application on April 18, 2014 for restoration of the cancelled plot with restoration charges and agreed on payment of Rs7.2 million to the PDA.

On June 27, 2014, it said the petitioner submitted an application for reducing the charges of restoration of plot, but the request was turned down.

However, it said the respondent doctor then moved an application to the provincial ombudsman for withdrawal of the plot restoration charges.

On August 26, 2016 the provincial ombudsman issued directions to the PDA DG to withdraw the condition of payment of charges for the plot restoration within 30 days.

It said the petitioners later submitted an appeal/representation under section 31 of the KP Ombudsman Act, 2010 to the ombudsman, but it was dismissed.

It said the petitioners approached the office of the provincial ombudsman for getting record of the case and attested copies of the decision, but were denied the same as they could not avail the legal remedy. The bench said the provincial ombudsman had no authority and jurisdiction to pass such orders as it was outside the domain of the order 9 of the KP Provincial Ombudsman Act, 2010, and declared the orders as void and against the law.