Law:

Section:

(a) Lahore Development Authority Act (XXX of 1975)-------Ss. 14, 38 & 48---Lahore Development Authority (Building Control) Regulation, 1984, Reglns. 17 & 96(4)---Town Improvement Trust Act (IV of 1922), Ss. 13, 14 & 48---Constitution of Pakistan (1973), Art.199-­fonstitutional petition---Allocation of plots---Plots earmarked for allotment /n petitioner, a Welfare Society, were allotted by Authority to the respondents without providing the petitioner-Society an opportunity of being hoard and without inviting objections---By virtue of S.48 of Lahore Development Authority Act, 1975, provisions of old Act, viz. Lahore Improvement Trust Act, 1922 were applicable unless and until same were inconsistent with the provisions of Act of 1975---Provisions of Ss. 13 & 14 of Lahore Improvement Trust Act, 1922 had cast duty upon Authority to invite objections for the purpose of change in the Scheme---Plots in dispute were reserved for specific purpose for welfare centre under Scheme and once the Scheme was acted upon Authority could only change the same under law which had provided to invite the objections and provide opportunity to be heard to the affected party as the vested rights had accrued to the residents--­Authority, in circumstances, had no authority under the law to change the Scheme in derogation of law without inviting objections and without providing personal hearing to the petitioner-Society. Ahmed Javed Shah's case 1996 CLC 748; Lahore Grammar School Pvt. Ltd.'s case PLD 1996 Lah. 442; Muhammad Iqbal and another's case 1995 CLC 1881; Mst. Shamim Rizwan's case PLD 1997 Lah. 580; Aerdeshik Kavasgee's case PLD 1993 Kar. 237; Writ Petition No.4758 of 1990 (unreported); Massi Ullah Khan and 3 others' case 1994 MLD 603; Muhammad Sharif and others' case 1989 MLD 95; Messrs Farid Sons Ltd.'s. case PLD 1961 SC 537; Sh. Ahmed's case 1984 CLC 3304; Fazal Din's case PLD 1969 SC 223; Muhammad Nawaz's case 1992 SCMR 1420; PLD 1969 SC 223; Kanwal Nain's case PLD 1983 SC 53; Ch. Muhammad Salim's case 1997 SCMR 315; Muhammad Sharif's case 1989 MLD 95; Abdul Razzaq's case PLD 1994 SC 512 and Ardeshir Cowasjee's case 1999 SCMR 2883 ref. (b) Civil Procedure Code (V…

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