Lytton Road traders...
2015-04-29
LAHORE: Deciding a 17-year-old dispute over allotment of alternate land against acquisition of a mosque and shops for widening of Lytton Road, the Lahore High Court has directed the chief minster to take action againstthe Lahore Development Authority officers for their flimsy and contemptuous conduct.
The court observes: `Though, it is a fit case for initiation of contempt proceedings but while using maximumrestraint, thematterisreferred to the chief minister/LDA chairman who shall look into the conduct of above authorities and take appropriate action against them to ensure strict compliance of court orders.
President of Jamia Masjid Jamiatul Quresh, Lytton Road, Anwar Saeed, and others had filed petitions against the LDA in 1998challenging the act of demolition of shops situated at Chauburji Development Scheme, Old Rifle Range Side, Lahore.
The court had twice disposed of the petitions in the light of the undertaking given by the authorities that the grievance of the petitioners would be addressed.
However, the petitioners were forced to approach the courts again and again against the authorities.
On last hearing in the case, Justice Shujaat Ali Khan had directed the Punjab Board of Revenue senior member as well aschallenging the act of demolition of shops situated at Chauburji Development Scheme, Old Rifle Range Side, Lahore.
The court had twice disposed of the petitions in the light of the undertaking given by the authorities that the grievance of the petitioners would be addressed.
However, the petitioners were forced to approach the courts again and again against the authorities.
On last hearing in the case, Justice Shujaat Ali Khan had directed the Punjab Board of Revenue senior member as well asLDA director general to appear in person before the court, however, they did not turn up.
Taking exception to the casual behaviour of the respondents, the judge observed, `It is high time to note that in recent past a tendency has developed that government functionaries do not bother to comply with orders of the courts rather flout them on flimsy suppositions.
He further said the administrative authorities were bound to facilitate adjudication of the matters before the courts of law but the conduct of the respondent officers spoke otherwise.
In this case, the LDA counsel repeatedly argued that the petitioners, being encroachers, were not entitled to any compensation against the shops demolished by the government functionaries rather measures for allotment of alternate shops to them were being taken out of grace.
The judge, however, noted that the stance taken by the LDA stood negated from the fact that the shops were allotted in the name of the mosque in lieu of the land utilised by the respondents for widening of Lytton Road.
Therefore, the judge said, the plea adopted by the respondent was discarded.
Justice Khan further noted that the LDA on one hand termed the petitioners encroachersbutonthe other hand argued that a considerable sum had been deposited with the BoR for the purchase of land to accommodate the petitioners.
`If the LDA authorities were of the view that the petitioners were not entitled to any compensation or allotment of alternate land, they could straightway declinetheir request solely on that ground and they had no compulsion to deposit any amount with the BoR,` the judge said.
Since nobody could be allowed to blow hot and cold in the same breath, the two divergent pleas of the LDA authorities cannot be given any consideration, he added.
The judge allowed the petitions declaring the petitioners entitled to allotment of alternate land in lieu of shops demolished by the respondents.
The judge said as the respondents failed to resolve the matter despite a lapse of more than 16 years, the chief minister, in the capacity of LDA chairman, was directed to take up the matter by himself and ensure the allotment of alternate land to the petitioners while detaching their matter from other persons whose status was not more than encroachers. The chief minister was also directed to look into the conduct of BoR senior member as well as LDA DG during the whole proceedings.
`This court feels confident that the said process shall be completed within a span of four months under intimation to this court,` the judge said in the detailed order released on Tuesday.