PHC dismiss PDA’s writ in favor of leaseholder

Humayun Khan

PESHAWAR: The single bench comprising Justice Attique Shah of Peshawar High Court had disposed off two writ petitions of Peshawar Development Authority including by dismissing one and directed to nominate arbitrator for renewal of lease, on Friday.
The counsel for respondent Amjad Hussain Tanoli Advocate informed that lease was obtained by Manzoor Elahi in 1988 for thirty years which transferred to respondent no#1 in 2004.
The counsel informed that learned civil judge and additional session judges had granted decision in favor leaseholder and PDA had filed two writs at PHC against the decision.
The decision in favor of leaseholder granted by learned trial court stating that on expiry of the lease period of petitioner, the plot under consideration be put to public auction and, thereafter, the petitioner be given the first right of acceptance for the highest bid so received in the auction.
The decision further stating that objection of PDA was turned downed by learned trial court on 9 December 2020 and their appeal was dismissed by the appeal court.
The lease agreement reveals that both the parties agreed on referring any dispute or difference of what-so-ever nature arising between the parties to a single arbitrator for arbitration, to be appointed with the consent of both parties, the honorable court disposed off writ petitions and directed to nominate arbitrator.