AKHTAR ALI vs LAHORE DEVELOPMENT AUTHORITY through Director-General
This petition for leave to appeal arose from the cancellation of a plot allotted to the petitioner, a government servant, in M.A. Johar Town, Lahore. The allotment was cancelled by the Lahore Development Authority on the grounds that it violated government policy, specifically because the petitioner's father had previously been allotted a plot in the same locality under the Chief Minister's quota. The petitioner challenged the cancellation through a writ petition and a subsequent intra-court appeal, both of which were dismissed by the Lahore High Court. The core legal question was whether the allotment of a plot to a father under a specific government quota legally disentitled his son, who was also a government servant, from receiving an allotment in the same area. The Supreme Court upheld the lower court's decision, affirming that the existing government policy restricted plot allotments to one per family unit in such circumstances. The Court held that the cancellation was valid, fair, and consistent with the restrictive policy, thereby refusing leave to appeal and dismissing the petition.
- Does the allotment of a plot to a father under a government quota disentitle his son, who is a government servant, from receiving a plot in the same locality?
- Is the cancellation of a plot allotment valid if it is based on a government policy restricting allotments to one per family unit?
' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner, a Government servant, was allotted Plot No,367- G-III in M.A. Johar Town, Lahore, on 11-7-1990, which was cancelled on 4-6-1991 being against the allotment policy of the Government. He filed Writ Petition No,5196 of 1991 which was dismissed by a learned single Judge of the Lahore High Court, Lahore, vide order, dated 23-11-1993. His IntraCourt Appeal No,662 of 1993 also failed vide impugned judgment, dated 23-1-2002 .
2. The learned counsel argued that mere fact that father of the petitioner, late Ch. Abdul Wakeel Khan former M.P.A. Had also been allotted Plot No,339-G-III, in M.A. Johar Town, Lahore, out of the Chief Minister's quota, would not be a valid ground for cancellation of plot of the petitioner who was an independent person.
3. This position was controverted by the learned counsel for the respondents who stated that the Government policy dated 23-12-1996 clearly debarred the allotment of a plot to a Government servant where his father was allotted such a plot. Therefore, the petitioner was disentitled for allotment of the plot in question.
3. We have heard the learned counsel for the parties at length and have also perused the available record. We are inclined to agree with the High Court that under the existing policy, only one plot can be allotted either to the father or to the son in case of a Government servant. The impugned judgment is just and fair to which no exception can be taken.
4. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.