Amanat Ali

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2003

Amanat Ali

Vs

Director General, M.D.A. etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit.

5

Power of attorney. PETITIONER,

Dated: ________ Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2003 Amanat Ali S/o Inayat Ali, R/o Basti Sharif Pura, Mohallah Momin Abad, Multan. ……PETITIONER

VERSUS 1. Director General, Multan Development Authority, Multan. 2. Director, Estate Management, M.D.A. Multan. …RESPONDENTS

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 directing the respondent authorities to allocate 3 Marla plot to the petitioner as per decision of the Govt. against his land and built up house acquired by the respondents for the construction of Scheme Shah Rukn-e-Alam Colony, Phase-II, Multan.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That petitioner purchased a 3 Marla plot vide registered deed dated 8.10.1981and constructed a residential house and started living in it. The original registered deed was delivered to the respondents and which is still with them.

3. That sometime thereafter, land including petitioner’s built up house was acquired by the respondents for the construction of a Colony known as Shah Rukn-e-Alam Phase-II, Block “J”. 4. That respondents, vide letter No. 11671 dated 12.7.88 directed the petitioner to demolish his house and hand over the possession of the plot, which was numbered as J-98 S.R.A. II, to the allottee of the same plot. 5. That in compliance of the directions, the petitioner demolished the superstructure and handed over the possession of the plot to its allottee through officers of the respondents. 6. That under policy of the Govt., the petitioner was entitled to the grant of compensation for the superstructure of land acquired from him, and he shall also be entitled for the allotment of 3 Marla plot against his acquired plot. The Govt. policy further goes that a sum of Rs. 3500/- per Marla will be charged as development charges from such allottee after deducting the amount of compensation due to him. The remaining sum will be charged from him in 3 equal yearly installments. 7. That name of the petitioner exists in the Survey List of structure of 1986 and he is entitled to 3 Marla plot as per policy decision of the Govt. 8. That since 1988, the petitioner is regularly pursuing to get his right of 3 Marla plot, but the respondents have adopted a very slack attitude and uptil now the respondents have failed to comply with the Govt. policy. It is the duty of the public functionaries to decide the petitioner’s case expeditiously and within a reasonable time as envisaged by article 4 of the Constitution read with Sec-24(a) of the General Clauses Act, as per principle laid down by the Hon’ble Supreme Court in M/s Air Port Support Service’s case 1998 S.C.M.R. 2268. 9. That agony of the petitioner enhanced as he is homeless since 1988 while cost of construction material raised many times making it much difficult for the petitioner to raise proper construction over the plot which is still be allotted to him by the respondents.

10.That the petitioner is left with no other alternate, adequate, efficacious or speedy remedy except to invoke the extraordinary constitutional jurisdiction of this Hon’ble Court, for the redressal of his grievance. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to call for the record of the petitioner’s case and after its perusal, direct the respondents to decided the petitioner’s pending matter within a shortest possible time fixed by this Hon’ble Court. It is further prayed that keeping in view the petitioner’s matter pending for 13 long years without any fault on his part, to award exemplary cost to the petitioner from the respondents. Any other writ, direction, order or relief, which this Hon’ble Court deems fit may graciously be awarded in the interest of justice and equity. HUMBLE PETITIONER, Dated: ________ Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. Certificate: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate Books: 1. Constitution of Pakistan, 1973. 2. General Clauses Act. 3. C.P.C. 4. 1998 S.C.M.R. 2268

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2003

Amanat Ali

Vs

Director General, M.D.A. etc.

AFFIDAVIT of: Amanat Ali S/o Inayat Ali, R/o Basti Sharif Pura, Mohallah Momin Abad, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto.

DEPONENT

Verification: Verified on oath at Multan, this _____ day of March, 2003 that the contents of this affidavit are true & correct to the best of my knowledge and belief. Nothing has been kept concealed thereto.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2003

Amanat Ali

Vs

Director General, M.D.A. etc.

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.