ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of Misc. No. 4089/2012.

2. For katcha peshi.

3. For hearing of Misc. No. 113144/2010

23.08.2012

Mr. Khalid Javed, advocate for the petitioner.

Mr. S. Sultan Ahmed, advocate for K.M.C.

The petitioner has, through the instant petition, challenged the purported cancellation of plots No. ST-15 and ST-22 in Block No. 2, Gulistan-e-Jauhar, Karachi. Admittedly the plots were allotted to the petitioner for amenity purposes; for constructing and establishing of School and Hospital in the year 1989. However, according to the petitioner, when in the year 2007 they proceeded to commence the construction work they came to know that the plots in question have, without any notice, been cancelled allegedly in the year 1996-97, which is wholly illegal.

In their reply the CDGK/KMC has categorically admitted having allotted the plots in question and that possession order in respect of the plots in question were issued on 18.05.1989 and 22.09.1989 respectively and in fact possession was delivered to the petitioner on 19.03.1990. It is further contended that since the petitioner did not raise any construction on the plots in question therefore the allotment was cancelled.

Learned counsel for the petitioner submits that in the first place cancellation was not justified as the construction could not commence because there was no water supply in the area and it was in view of such fact that moratorium was granted from the year 1996 to the year 2001 and secondly even if any just reason for cancellation would have been available, the respondent should have done so after notice to and hearing the petitioner.

In response the learned counsel for respondents refers to a photocopy of notice dated 28.11.1995 in terms whereof the respondents required the petitioner to show cause as to why the allotment of the plots in favour of the petitioner should not be cancelled. He submits that such notice was duly sent to the petitioner, however, the same was returned by the postal authorities for the reason that the office was found locked.

Learned counsel for the petitioner submits that in fact no notice was issued. He points out from the copy of the envelope of the said notice, but the same does not contain full and complete address of the petitioner and the address is mentioned as M/s. The Chairman. Zaidi Abid Foundation, Abdullah Haroon Road, Karachi. He then refers the other documents issued by the respondents to the petitioner which bear full and complete address of the petitioner being M/s. The Chairman, Zaidi Abid Foundation, 17-18 Fareed Chambers, Abdullah Haroon Road, Karachi.

In view of the fact that the envelope of purported letter/notice did not contain full address of the petitioner it cannot be said that an honest and sincere attempt was made to notify the petitioner regarding the cancellation of the allotment and the same smacks mala-fide as such the cancellation was effected without serving any notice upon the petitioner, as the notice was sent, as noted above, on the wrong address. In the circumstances, we set-aside the impugned cancellation and order restoration of the allotment of the subject plots. The respondents may, however, proceed in the matter strictly, in accordance with law.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Nadeem Akhtar/23.8.2012\zahid