LAHORE: Land Acquisition wing of Lahore Development Authority (LDA) has allegedly given millions to an industry for its land, which was already acquired by the LDA in ’70s, The News has learnt.
Documents available with the scribe revealed that when the proceedings of the land acquisition for the Allama Iqbal Town Scheme started in the ’70s, the Benz Industries Limited as a functional industrial building unit was erected/existed on ground, owning land measuring 32K-02M, in Mauza Kharrak on Main Multan Road (Lahore Chauburji Chowk to Thokar Niaz Baig Chowk Section) Tehsil City Lahore, District Lahore.
It is pertinent to mention here that the same case was also lodged at the Anti-Corruption Establishment (ACE) in 2022 but so far no action/investigation was done over this issue.In an application dated 14/12/2021, the owners of the said factory applied for payment of cash compensation against the land acquisition of the property owned by them.
In response to the application, the then Land Acquisition Collector (LAC) of the LDA replied that after consulting the available record of the land acquisition completed for the 1,600 Acres Kacha Multan Road Scheme (later on officially known as Allama lqbal Town Scheme) in the ’70s, and consulting the available record of the case of ‘Adjustment of Land’ of the factory, the application for payment of compensation was properly examined and considered analysing all its merits and aspects with a just independent mind.
He, in his reply, further wrote that in order to have a better insight into this case/application, the Chief Executive of the factory was also heard at length on 10-03-2022, in the presence of the Assistant Director & Deputy Director (DLD-II), Assistant Director (DLA), Assistant Director Law (LAW Branch) and land acquisition field staff concerned.
The LAC claimed that along with other properties all around, the entire land measuring 32K-02M owned by the factory, was also acquired for the Allama Iqbal Town Scheme through different Land Acquisition Awards.
The LAC’s report revealed that 04K-19M (Khasra#1187/687) dated 12/02/1975 was acquired through award#219, 4K-0M (Khasra#1187/687) was acquired through award#8 dated 12/06/1980, 6K-0M (Khasra#1186/687) was acquired through award#9 dated 12/06/1980, 2K-14M (Khasra#695) was acquired through award#11 dated 12/06/1980, 4K-09M (Khasra#696) was acquired through award#11 dated 12/06/1980 and 10K-0M (Khasra#688) was acquired through award#12 dated 12/06/1980.
LAC’s report said at the very outset of the launching of the Allama lqbal Housing Scheme, a number of requests by various affectees were made to the LDA authorities for the exclusion of the ‘built-up-areas’ from the land acquisition proceedings, but the competent authority vide its letter No: SO (DA)-4-9/82 dated 20.04.1982 only agreed for the ‘Adjustment-of-Land’ only to factories and fim-studios, located within this scheme-boundary, subject to the certain terms and conditions.
He further wrote that though the land 32K-02M owned by the factory had been acquired in total, yet the factory by choice refrained from receiving cash-compensation fixed in the above mentioned land acquisition Awards, and opted to make request for ‘adjustment’ of land to LDA authorities. The request of the factory for ‘adjustment-of-land’ was processed and considered strictly in accordance with policy in vogue, and finally culminated in the form of an ‘Agreement-of-Adjustment-of-Land’ registered in the office of Sub-Registrar on the date:16.12.2021.
This ‘agreement of adjustment’ of land covered/utilized the land measuring 29K-19M-218-Sft out of the total acquired land 32K-02M, leaving behind 02K-02M-007 Sft of un-utilized acquired land, the report revealed adding though the land Kasra# 695 (2K-14M) and Khasra# 696 (4K-9M) measuring in total 7K-03M had already been acquired vide Award# 11 dated 12.06.1980, at the rate of compensation Rs 283/Marla, for the project Alama Iqbal Housing Scheme in the 70s, yet these land-khasra #s could not be updated through a mutation in Revenue Record, because of which these khasra #s were once again mistakenly acquired (being under the false impression that it’s an un-acquired private ownership land) by the then land acquisition staff for the project namely the Orang Line Train, in the year 2016.
The factory in its application dated 14-12-2021 requested for the payment of compensation for the land acquisition of the land khasra numbers 695 & 696 for Orange Line Project, while these land khasra number had already been acquired in the Award#11 dated 12/06/1980, which was intact and valid Award so far. However, like the first Award#11 dated: 12.06.1980, the cash compensation of the mistaken Second Award of re-acquiring the same land for Orange Line Project, remained unpaid until now, just awaiting the finalisation of the Agreement of Adjustment of Land to know the final fate of first land acquisition and then dispensing with the case of payment of cash-compensation (if any).
The report further stated that since, now the ‘Adjustment of Land” has been finalized and it has become clear that i) what was the total ownership of the factory before acquisition, ii) what was the total land acquisition through Awards, iii) what was the total area utilized in the agreement of adjustment, and iv) what was left un-utilised out of acquired land, as reflected in the above mentioned table, the case of compensation was also dispensed with.
LAC, in his report, claimed that once an Award of land acquisition was made and announced in respect of a certain piece of land, the ownership of such land acquired through an award belonged to the concerned acquiring agency. Implementation of an Award into Revenue Record by effecting mutation in favor of Acquiring Agency, merely and simply tantamount to upgradation of Revenue Record.
He said once again, recently a fresh letter for the same purpose of effecting a mutation in favor of LDA by implementing the above mentioned land acquisition Awards, made in the 70s, was wrote to Revenue Department bearing letter No. LDA/DH-III/04 dated 10.01.22.
He, in his letter, revealed that it was to clarify that the competent administration of the factory, by choice did not turn up for receiving its cash-compensation after the land acquisition made for Allama lqbal Town Scheme in the 70s, and preferred to make its case for ‘Adjustment-of-Land’ as an alternative option. If the land-khasra-numbers 695 & 696 (07K-03M) acquired for the first time in the late 70s, and later on remained un-utilized (to the extent of 02K-02M-07sft) in the exercise of the finalization of Agreement of Adjustment of Land, and meanwhile, this same land-khasra #695 & 696 was mistakenly re-acquired for the second time for the project Orange Line Train, in such a situation when and where two equities were equal, the first in order of time would prevail, because any type of negligence or mistake on the part of any official, was not a chance for anyone to get undue advantage at the expense of public-funds.
Giving conclusion, the LAC wrote that therefore, the application dated 14.12.21, requesting for the payment of cash-compensation as per the Award of the project Orange Line Train, was turned down and the concerned administration of the factory was invited to receive the payment of its cash compensation as per first award No. 11 dated: 12-06-1980 to the extent of your remaining un-utilized acquired land measuring 02K-02M-07Sft, after the agreement of adjustment of land, please.
When contacted, LDA DG Muhammad Ali Randhawa said that LDA has zero tolerance policy against corruption and he will ask the Additional Director General (HQ), LDA to inquire into the above issue. |
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