Law:

Section:

Sindh Urban Land (Cancellation of Allotment, Conversion and Exchanges) Ordinance (III of 2001)----- ----Ss.3, 4 & 2(6)---Specific Relief Act (I of 1877), Ss.42 & 54---Transfer of Property Act (IV of 1882), Ss. 108(c), I 10 & I 1 1---Suit for declaration, mesne profits and injunction against the action of freezing of plots allotted to the plaintiffs---Cancellation of leases/allotment under Sindh Urban Land (Cancellation of Allotment, Conversion and Exchanges) Ordinance, 2001---Scope---Contention of the Authority canceling the lease/allotment was that plots in question were allotted to the plaintiffs as a favour in violation of rules and on insufficient consideration which was violative of the allotment rules for such plots and that plaintiffs had already disposed of two plots out of four allotted to them and the action now proposed to be taken was with regard to the plots available with the plaintiffs--­Authorities further contended that although there was no provision for any action for freezing of plots under the Rules or Bye-laws of the Karachi Development Authority, the impugned action was an initial and tentative step to the final action of cancellation of plots after, due opportunity was afforded to the plaintiffs according to the decisions of the Government of Sindh, that there was no mala fide intention on the part of the Authority and that the allotment was carried out in violation of the relevant rules and procedure being adopted at the relevant time and that the plots had been sold at the prevailing price fixed by the Karachi Development Authority and not at the market value---Validity---Held, effect of the promulgation of the Sindh Urban Land (Cancellation of Allotment, Conversion and Exchanges) Ordinance, 2001 was attracted to the present case---Provisions of Ss,3 & 4 of the said Ordinance had to bed read together---Section 3 of the said Ordinance provided that allotment of the State land at rates lower than the market value shall stand cancelled and such cancellation could take effect after market value, as defined under S.2(6) of the Ordinance at the relevant time, had been determined by the Committee constituted under S.,4(2) of…

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