ISLAMABAD: President Dr Arif Alvi has directed the restoration of property to a female citizen who was being deprived of the ownership of her two plots for 20 years by a housing society despite the fact that she had registered sale deeds and had paid all the development charges.
The president gave these directions while rejecting a representation filed by M/s University Town (Pvt) Ltd against the orders of the Federal Ombudsman for Protection against Harassment of Women at Workplace (FOSPAH) under the Enforcement of Women’s Property Rights Act, 2020.
Asma Kokab (the complainant) had filed a complaint before FOSPAH alleging that the society sold her two plots measuring 10 and 5 marlas through registered sale deeds in 1997, but despite the payment of all dues, including the cost of land and development charges, she had not been given possession of the plots. FOSPAH passed the orders in her favour directing the concerned revenue officer to restore possession of her property and if needed, seek assistance from the concerned police officer for the purpose of implementing the orders. University Town, then, filed a representation before the president against the orders of FOSPAH.
The president held a personal hearing of the case at Aiwan-e-Sadr in which the son of the complainant and CEO of University Town, Abdul Aziz, along with his counsel appeared. The counsel of the Town contended that the complainant had not paid development charges despite repeated notices, after which the cancellation of the allotment letter was issued. He added that she was asked to surrender the registered sale deeds for the restoration of her plots but she failed to do so and had also not paid the electricity and water supply charges. The counsel further argued that FOSPAH’s orders were not based on law and facts, and should be set aside.
When the complainant’s son presented payment receipts of development charges of the plots as evidence, the counsel denied the receipt of charges. The president berated University Town for failing to keep a record of the payments made by the complainant and noted that the complainant had produced payment receipts of development charges of the plots which had been exhibited in evidence. He also expressed displeasure that the matter had been allowed to linger for almost 20 years, and an overseas Pakistani was made to run from pillar to post to get possession of her mother’s plots.
The president observed that the appraisal of evidence available on record established that the complainant was the owner of the two plots and the registered sale deeds had been executed in her favour by Abdul Aziz Khan, CEO of University Town, adding that CEO had not denied this fact.
He said that the stance of Abdul Aziz Khan that the complainant had not deposited the outstanding dues of the plots stood rebutted through the receipts of payments produced by the complainant.
“The society is persistently asking the complainant to surrender the registered sale deeds for processing her case for possession of plots. This has no logic as the apprehension of the complainant regarding the surrender of registered sale deeds to the society is genuine because without giving possession, the society is unjustified to demand its surrender,” he stated. During the course of the hearing, the CEO also admitted the unjustified denial of possession of plots to the complainant and promised/agreed to give possession of the plots to the complainant.
The president remarked that it was highly deplorable that the overseas Pakistanis, who were an asset to the country, were deprived of their fundamental right of protection of property as Article 24 of the Constitution of the Islamic Republic of Pakistan, 1973 envisaged that no person shall be deprived of his property save in accordance with the law.
“The concrete steps are required to be taken to address the grievances of the overseas Pakistanis, especially women, as to enjoy the protection of the law is the inalienable right of every citizen, including overseas Pakistani, and no action detrimental to the property of any overseas Pakistani is allowed to be taken arbitrarily,” he concluded.
The president, therefore, rejected the representation of University Town and directed it to give possession of the plots to the complainant forthwith. He added that since she had paid all development charges as was evident from the receipts, no development charges would be considered due.
Copyright Business Recorder, 2023