PESHAWAR: A Peshawar High Court bench on Thursday issued a stay order in favour of the Peshawar Development Authority and suspended an order of provincial ombudsman of directing the authority to withdraw plot restoration chargeslevied on account ofillegalconversion ofa plotinto a private medical teaching institute.

Justice Lal Jan Khattak and Justice Mohammad Ghazanfar Khan issued notices to the provincial ombudsman and provincial government asking them to file a reply to a petition filed jointly by PDA through its director general and housing officer (headquarters) challenging the order of provincial ombudsman of Aug 26, 2016, and subsequent dismissal of PDA`s appeal by the KP governor.

The bench ruled that until further order, the decision/ order of the provincial ombudsman for the PDA to withdraw the plot restoration charges would remain suspended.

Tariq Afridi, lawyer for the petitioners, said a plot measuring six kanals in Phase V Hayatabad was allotted in the name of Dr Hazrat Bilal for the establishment of Institute of Urology through allotment letter issued on Sept 7, 1992.

He said on Feb 16, 2014, an advertisement was published in a local newspaper by North-West Institute of Health Sciences inviting application for admission in different health related subjects mentioning the address of the institute the same as the plot allotted to the respondent, Dr Hazrat Bilal.

The lawyer said as the said respondent had changed the use of building from hospital to educational institute, a notice was issued to him on Feb 21, 2014, asking him to desist from the said illegal activity.

He added that as the said respondent did not the illegal activity, the competent authority cancelled the allotment of the said plot to Dr Hazrat Bilal on Mar 28, 2014.

The lawyer said on Apr 18, 2014, the said respondent submitted an application to the director (Estate Management) of PDA, which was considered and approved by the competent authority on payment of Rs7.2 million at the rate of Rs60,000 per marla.

He added that the approval of plot was communicated to the saldrespondentonJun18,2014.

Mr Afridi stated that Dr Hazrat Bilal submitted a complaint/application to the provincial ombudsman for withdrawal of the plot restoration charges. He added that the provincial ombudsman on Jun 26, 2016, decided the said complaint and directed the petitioners to withdraw the condition of payment of restoration charges within 30 days.

The lawyer said the PDA submitted an appeal/ representation under section 31 of the KP Provincial Ombudsman Act to the KP Governor, which was dismissed and the decision was conveyed to PDA on Nov 2, 2016, by a law officer of the Governor Secretariat.

He said the cancellation and restoration of plot in Hayatabad Township and fixation of restoration charges was the function of the PDA and therefore, the provincial ombudsman was having no authority to assume jurisdiction in the matter. The lawyer said the appeal of Dr Hazrat Bilal was illegally entertained by the provincial ombudsman.