ORDER WITH THE SIGNATURE OF THE JUDGE

1. For Katcha Peshi.

2. For hearing of Misc. No. 7838/2011

3. For hearing of Misc. No. 4335/2011

4. For hearing of Misc. No. 12121/2011

13.09.2012

Mr. Amir Aziz Khan, advocate for the petitioner.

Mr. M. Ahsan Ghani, advocate for respondents No. 1 and 4.

Mr. Khursheed Jawed, advocate for SBCA.

Learned counsel for respondents No. 1 and 4 submits that respondent No. 4 has already applied for commercialization of the subject property/plot. He further submits that till such time the plot is commercialized the property shall not be used for any purpose other than as residence. In order to allay the apprehension of the petitioners, the respondent No. 4 shall also remove the three shutters built with the boundary wall within four weeks from today. However, so soon the status of the plot is changed from residential to commercial, to which change, according to the learned counsel for respondents No. 1 and 4, the concerned society namely: Maulana Muhammad Ali Jauhar Society has agreed subject to certain payment, the respondent No. 4 shall use the plot accordingly.

We would, therefore, dispose of this petition in accordance with the above undertaking/statement. The above named society and all the concerned departments shall process the case/request of respondent No. 4 for change of the status of the plot in accordance with law, relevant rules and regulations and without unnecessary delay.

At this point, learned counsel for respondents No. 1 and 4 requests that it may also be mentioned that the petitioner’s society has in response to the request for commercialization of plot, sought certain document and payment which the respondent No. 4 is ready and willing to comply with. The respondent No. 4 may do so and the petitioner society shall, as noted above, proceed in the mater, in accordance with law.

The petition, alongwith the pending applications, stands disposed of in the fore-going terms.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Naimatullah Phulpoto/13.9.2012/zahid