Law:

Section:

(a) Capital Development Authority Ordinance (XXIII of 1960)----- ---S. 51---Capital Development Authority Conduct of Business Regulation, 1985, Sched. II---Cancellation of allotment of commercial plot on the default by the auction-purchaser--Competence---All matters connected with the allotment, sale etc. and cancellation etc. of plots including commercial plots fell within the list of functions performed by the Chairman of the Authority---Obligations assigned to the Member (Administration) of the Authority did not include matters relating to sale etc. and cancellation etc. of the plots---Chairman was not vested with any authority either under the Ordinance or under the Regulations to assign his functions either to the Members or to other officers in the Authority in derogation of the distribution of business commanded by the Regulations---Office Order of the Chairman allocating the business assigned to him to the Member (Administration) was an order without lawful authority---Member (Administration) of the Authority, therefore, was not legally competent to cancel the plot in question. (b) Office of Wafaqi Mohtasib (Ombudsman) Order [1 of 1983]------- ----Arts. 2(2), 11 & 9---Maladministration---Jurisdiction and powers of Wafaqi Mohtasib---Scope and extent---Matter relating to contractual obligation was not taken out of the jurisdiction of Mohtasib---If as a result investigation the Mohtasib, came to the conclusion that the act complained against was offensive to any law, rules or regulations then he as well within his powers to deal with the said matter in accordance with the provisions of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Mohtasib, in the present case, had found the act of cancellation of the sale of the plot in question to be illegal and void not on account of any matter arising out of the terms and conditions of the contract of sale or of the auction which had preceded the said sale but on the ground that the Authority which had cancelled the said sale was not authorized in law to do so---Action of the President of Pakistan in the present case, in setting aside the findings and recommendations of the Mohtasib only because the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492