MOST IMMEDIATE

COURT CASE

CAPITAL DEVELOPMENT AUTHORITY

LAW WING

SUBJECT: - WRIT PETITION NO. 1571 OF 2011 TITLED AZHAR HUSSAIN

SHAH & OTHERS V/S C.D.A & OTHER REGARDING VILLAGE
BEKHA SYEDAN.

It is submitted that it is an old case pending right from 2011. Brief

History of the case is that the Award of Village was announced on 22-02-1969 for
acquisition of land. CDA acquired land measuring 845 Acres 07 Kanal & 07 Marlas of
the Village Bekha Syedan. In the Award, the Shrine of Syed Muzzamil Hussain Shah
measuring 1 Kanal & 06 Marla was only exempted from acquisition. The total number
of plots allotted to the affectees were 320 and 316 Eligibility Certificates were issued
for allotment of agricultural land in District Colonies. The total Affectees of land were
1049 out of which 1021 were paid compensation and only 28 Affectees didn’t receive
their compensation.

2. There were basically 03 Awards related to BUP of Village Bekha

Syedan:-
i. The 1st Award was announced on 23-07-1980, total number of Affectees
were 42 who were allotted plots as well, hence there was nothing
pending for rehabilitation benefits the compensation was paid to 39
Affectees, thereafter only 03 Affectees didn’t receive compensation
which comes to Rs.58109.97/-
ii. The 2nd Award was announced on the protest and repeated demand of the
locals on 05-09-1982 and total affectees were 72 & 57 to whom plots
were allotted. The Affectees of BUP Award 1982, 16 received
compensation which is Rs.511686.58/- out of Rs.584789.23/-and the
remaining 56Affectees didn’t receive the compensation.
i. The 3rd Award in respect of BUP was also announced on 01-10-1985 and
total Affectees were declared as 322, all of them were compensated
except 11 who didn’t receive the compensation.

3. The Petitioners of instant Writ Petition have their claim on the basis of
Award 1985 from Petitioner No. 01 to 08 whereas rest of the Petitioners have their
case on the basis of Review orders. Most of the Petitioner were minor at the time of
Award, hence are not entitled for rehabilitation benefits. The Petitioner No. 01 namely
Azhar Hussain Shah even after the issuance of offer letter has not handed over
possession of the BUP, consequently allotment letter was not issued. It is also to
mention that Petitioner No. 16 is daughter of Petitioner No.01 who cannot be qualified
for allotment of plot due to definition of family unit and she was under age at the time
of Award. The contention of the CDA is that the cases of the Petitioner of the instant
Writ Petition cannot be decided without recording of evidence because the claims are
based on BUP, the status of BUP is legal or illegal, the Petitioners are hit by definition
of family unit, the Petitioners were minor at the time of Award or otherwise etc.

4. The case was fixed for hearing for 08-05-2023 wherein the Honourable
High Court has expressed displeasure as to why the orders of this Court not
implemented which were issued from time to time. Vide para-07 of the Court order the
Honourable Court passed the following order:-

“…7. Let the matter be fixed on 16-05-2023, when the Chairman

CDA and the Member (Estate) CDA will appear in Person. The reports
solicited by the Court will be filed by 12-05-2023 and the learned Counsels
for the Petitioners may procure a copy of such report so that the matter
can be argued on its merits.”
5. ………