| Citation(s) |
|---|
| 2011 SLG 1367 2011 SLD 1367 2011 PLD 26 |
Supreme Court of Pakistan
Civil Appeals Nos.621 and 622 of 2007, decision dated: 15-03-2010. (On appeal against the judgment dated 24-2-2005 passed by the Peshawar High Court, Abbotabad Bench in W.P. No.27 of 2004).
JAVED IQBAL, MUHAMMAD SAIR ALI AND TARIQ PERVEZ KHAN, JJ
Raja Muhammad Ibrahim Satti, Sr. Advocate Supreme Court for Appellants. Muhammad Ikram Chaudhry, Sr. Advocate Supreme Court Nos. 1 to 3. Ex parte
Respondents Nos. 4 to 9.
Civil Appeals Nos.621 and 622 of 2007, decision dated: 15-03-2010. (On appeal against the judgment dated 24-2-2005 passed by the Peshawar High Court, Abbotabad Bench in W.P. No.27 of 2004).
JAVED IQBAL, MUHAMMAD SAIR ALI AND TARIQ PERVEZ KHAN, JJ
Raja Muhammad Ibrahim Satti, Sr. Advocate Supreme Court for Appellants. Muhammad Ikram Chaudhry, Sr. Advocate Supreme Court Nos. 1 to 3. Ex parte
Respondents Nos. 4 to 9.
JAVED IQBAL and others
VS
EMPLOYEES OLDAGE BENEFITS INSTITUTION, GOVERNMENT OF PAKISTAN through Regional Head and others
Law: Employees Old Age Benefits Act, 1976
Section: 4,6,7,17,18,19,44,45
Law: Employees Old Age Benefits (Investments) Rules, 1979
Section: 3(h)(i),4(1)(h),5
Law: Constitution of Pakistan, 1973
Section: 24,185(3),199
Law: Land Acquisition Act, 1894
Section: 4,17
Land Acquisition Act (I of 1894)-------Ss. 4 & 17---Employees' Old-Age Benefits Act (XIV of 1976), Ss. 4, 6, 7, 17, 18, 19 , 44 & 45---Employees' Old-Age Benefits (Board of Trustees) Rules, 1977, R. 6--Employees' Old-Age Benefits (Investments) Rules, 1979, Rr. 3(h)(i), 4(1)(h) & 5---Constitution of Pakistan, Arts. 24, 185(3) & 199---Notification for acquisition of residential bungalow for Regional Office of Employees Old-Age Benefits Institution (EOBI)---Staying of acquisition proceedings by Commissioner due to pendency of suit filed by EOBI for specific performance of sale agreement regarding such bungalow---Plaint in such suit rejected by civil court not challenged by EOBI---Order of Commissioner de-notifying such bungalow set aside by High Court in constitutional petition filed by EOBI---Validity---Employees Old-Age Benefits (Investments) Rules, 1979 to purchase or acquire immovable property was bound to show that money needed for such investment was surplus as not required for expenses under Employees Old-Age Benefits Act, 1976; and that such investment did not exceed limits placed under R. 4(1) of Employees Old-Age Benefits (Investments) Rules, 1979---Nothing was available on record to show that for such purchase or acquisition, EOBI had either obtained approval of its Board or Government or allocated and approved any budget thereto---Minutes of meeting placed on record showed only holding of negotiations between parties on proposal for purchase of such bungalow, but same did not relate to necessary approvals or price or concluded agreement between the parties---Employees' Old-Age Benefit Institution on basis of such minutes had unwisely filed such suit---In absence of any such approval, acquisition proceedings initiated at behest of EOBI were coram-non-judice and of no legal effect---Employees' Old-Age Benefits Institution had involved landowners in unnecessary litigation for a period of 15-16 years by depriving them of benefits and proprietary rights over such bungalow---Such actions of EOBI and its functionaries were patently unlawful, unfair and legally and factually mala fide---Land Acquisition Collector had acted mechanically without…
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