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Humbly Sheweth: -

1. That the petitioner is owner of property purchased by him


jointly with his two brothers “Muhammad Saleem Shahid &
Muhammad Rafique” in equal shares through two different
sales one through a registered sale deed dated 20.12.89 with
are measuring 13 Marlas 3 Yards and another adjacent piece
of land measuring 4 Marlas through a Mutation of Baai
Zabani with total area of 17 Marlas and 3 Yards on the
outskirts of Mouza Jhakar Pur Tehsil & District Multan on
LMQ Road, Multan are known as Anar Kali Bazar
Muzaffarabad. Copy of Fard-e-Malkiyat is Annex “A”.
2. That the property when purchased was in commercial use and
had attained commercial character long ago, an “Atta Chakki”
4 shops and a godown were standing on it for more than last
30 years, as both sides of the road properties are being utilized
for last 40 years as commercial sites as same is an industrial
area, heavy Textile and Cotton Industry flourished soon after
Partition which proved an incentive for commercial activities
and commercial sites began to develop without any
interference from any Agency including respondents Multan
Development Authority which was created long after only
recently, hence, to get the sanction to put the same to
commercial use by the respondents Authority was not needed.
It is pertinent to note here that respondents have conducted no
development here. Affidavits of the respectables of the are
Annex “B & C”.
3. That price paid for the property purchased is clear indicative
of the commercial nature of the property and petitioner had to
pay commercial rates for the same.
4. That after purchase existing commercial use continued and as
in early 1999 old buildings and structures began to crumble
petitioners intended to rebuild the same with certain
modification including additional 4 Marlas purchased through
Mutation (Baai Zabani) as by this time the area was declared
as controlled area by the respondents Authority. Petitioner
moved for approval of site plan and deposited fee for the
commercialization of 4 Marlas added. Copy of the site plan
and receipt for deposit of fee for the area are Annex “D & E”
respectively.
5. That as soon as the ground floor of the building was
completed respondents Authority started interference with the
same with malafide intentions and without lawful authority
making illegal demands and gratification.
6. That the petitioners filed a civil suit and ad-interim injunction
was issued in their favour. Copies of plaint, stay order and
written statement are being annexed as Annexes “F, G & H”
respectively.
7. That between the night 24/25-11-1999 without any notice or
any legal process with ulterior motives and malafide
intentions, at the dead of night respondents with the help of
their subordinate staff bulldozed the shops on the entire front
of the property of the petitioners and caused a damage to the
tone of Rs. 400,000/- to the petitioners, petitioners reserve
their right to sue in appropriate forum for damages, he has
also moved application for contempt of court, but respondents
without taking any heed are bent upon causing damage to the
property and huge financial loss to the petitioner.
8. That respondents are now illegally demanding exorbitant
illegal fee under the garb of commercialization fee and are
black mailing and pressurizing the petitioner to meet their
illegal demands with ulterior motives whereas property was
being used as commercial much prior to even the creation of
the Multan Development Authority and all around the
petitioner’s property people are enjoying commercial status
and use properties without interference from the respondent
Authority and without paying any commercialization fee. This
discriminatory treatment is un-warranted by law and
Constitution of Islamic Republic of Pakistan and rule of equal
treatment. Moreover, the respondent Authority has no power
to effect the vested rights of the petitioners with retrospective
effect through any subordinate legislation and rule making.
9. That loss and damage to the petitioner is multiplying every
day and no other equally efficacious and speedy remedy is
available to the petitioner except to invoke the constitutional
jurisdiction of this Hon’ble Court against the infringement of
the constitutional rights of the petitioner as respondents are
bent upon demolishing the remaining partition of the property
and causing hindrance illegally in the lawful use and
enjoyment of the property owned by the petitioner. Petitioner
has no other alternative except to move this Hon’ble Court
against this high handedness, illegal and un-constitutional
actions without due process of law and authority.
IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No.____________/2001

Muhammad Naseem Shehzad Vs. M.D.A. Multan.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES


1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Copy of Fard-e-Malkiyat A
6 Affidavits of the respectables of the B&C
area.
7 Copy of the Site Plan. D
8 Copy of receipt for deposit of fee. E
9 Copy of plaint. F
10 Copy of Stay Order. G
11 Copy of Written Statement. H
12 Stay Application.
13 Affidavit.
14 Dispensation Application.
15 Affidavit.
16 Power of Attorney.
Dated: -3-2001

Through: -
Syed Abdul Razzaq Jillani,
Advocate High Court,
Jail Road, Near High Court,
Multan.
Through: -