Abdul Razzaq Jillani

Humbly Sheweth: 1. That the petitioner is owner of property purchased by him jointly with his two brothers “Muhammad Saleem Shahid & Muhammad Rafique” in equal shares through two different sales one through a registered sale deed dated 20.12.89 with are measuring 13 Marlas 3 Yards and another adjacent piece of land measuring 4 Marlas through a Mutation of Baai Zabani with total area of 17 Marlas and 3 Yards on the outskirts of Mouza Jhakar Pur Tehsil & District Multan on LMQ Road, Multan are known as Anar Kali Bazar Muzaffarabad. Copy of Fard-e-Malkiyat is Annex “A”. 2. That the property when purchased was in commercial use and had attained commercial character long ago, an “Atta Chakki” 4 shops and a godown were standing on it for more than last 30 years, as both sides of the road properties are being utilized for last 40 years as commercial sites as same is an industrial area, heavy Textile and Cotton Industry flourished soon after Partition which proved an incentive for commercial activities and commercial sites began to develop without any interference from any Agency including respondents Multan Development Authority which was created long after only recently, hence, to get the sanction to put the same to commercial use by the respondents Authority was not needed. It is pertinent to note here that respondents have conducted no development here. Affidavits of the respectables of the are Annex “B & C”. 3. That price paid for the property purchased is clear indicative of the commercial nature of the property and petitioner had to pay commercial rates for the same. 4. That after purchase existing commercial use continued and as in early 1999 old buildings and structures began to crumble petitioners intended to rebuild the same with certain modification including additional 4 Marlas purchased through Mutation (Baai Zabani) as by this time the area was declared as controlled area by the respondents Authority. Petitioner moved for approval of site plan and deposited fee for the commercialization of 4 Marlas added. Copy of the site plan and receipt for deposit of fee for the area are Annex “D & E” respectively. 5. That as soon as the ground floor of the building was completed respondents Authority started interference with the

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same with malafide intentions and without lawful authority making illegal demands and gratification. That the petitioners filed a civil suit and ad-interim injunction was issued in their favour. Copies of plaint, stay order and written statement are being annexed as Annexes “F, G & H” respectively. That between the night 24/25-11-1999 without any notice or any legal process with ulterior motives and malafide intentions, at the dead of night respondents with the help of their subordinate staff bulldozed the shops on the entire front of the property of the petitioners and caused a damage to the tone of Rs. 400,000/- to the petitioners, petitioners reserve their right to sue in appropriate forum for damages, he has also moved application for contempt of court, but respondents without taking any heed are bent upon causing damage to the property and huge financial loss to the petitioner. That respondents are now illegally demanding exorbitant illegal fee under the garb of commercialization fee and are black mailing and pressurizing the petitioner to meet their illegal demands with ulterior motives whereas property was being used as commercial much prior to even the creation of the Multan Development Authority and all around the petitioner’s property people are enjoying commercial status and use properties without interference from the respondent Authority and without paying any commercialization fee. This discriminatory treatment is un-warranted by law and Constitution of Islamic Republic of Pakistan and rule of equal treatment. Moreover, the respondent Authority has no power to effect the vested rights of the petitioners with retrospective effect through any subordinate legislation and rule making. That loss and damage to the petitioner is multiplying every day and no other equally efficacious and speedy remedy is available to the petitioner except to invoke the constitutional jurisdiction of this Hon’ble Court against the infringement of the constitutional rights of the petitioner as respondents are bent upon demolishing the remaining partition of the property and causing hindrance illegally in the lawful use and enjoyment of the property owned by the petitioner. Petitioner has no other alternative except to move this Hon’ble Court against this high handedness, illegal and un-constitutional actions without due process of law and authority.

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Muhammad Naseem Shehzad

Vs.

M.D.A. Multan.

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copy of Fard-e-Malkiyat

6 7

Affidavits of the respectables of the area. Copy of the Site Plan.

8

Copy of receipt for deposit of fee.

E

9

Copy of plaint.

F

10

Copy of Stay Order.

G

11

Copy of Written Statement.

H

12

Stay Application.

13

Affidavit.

14

Dispensation Application.

15

Affidavit.

16

Power of Attorney.

Dated:

A B&C D

-3-2001 Through: Syed Abdul Razzaq Jillani, Advocate High Court, Jail Road, Near High Court, Multan.

Through: -