Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Defence Officers Housing Authority Order (7 of 1980)

Section: 5,9(2)(3)(ii)

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Laches---Applicability---When public functionaries' acts appear to be mala fide and taken at the back of parties concerned, question of laches is not relevant---Laches cannot be equated with statutory bar of limitation as the latter operates as legal bar for grant of remedy whereas the former operates as bar on equity---Dictate of justice and equity and balance of legitimate right are to be kept in view applying principle of laches. (b) Pakistan Defence Officers Housing Authority Order (7 of 1980)--- ----Arts. 5 & 9---Karachi Building and Town Planning Regulations, 2002, Regln.21---Constitution of Pakistan, Art.199---Constitutional petition---Master plan, change in---Procedure---Petitioners were aggrieved of conversion of roads of their residential area into single carriage road for plying commercial/public vehicles---Validity---For bringing any changes in master plan, public hearing was to be given, particularly to all those who would likely to be affected by such act which had not been done---In terms Article 9(2)(ii) of Pakistan Defence Officers Housing Authority Order, 1980, it was only Executive Board which had power to undertake any work in pursuance of any scheme or project---No master plan, planning or development scheme, under Article 9(3) of Pakistan Defence Officers Housing Authority Order, 1980, could be prepared by any local body or agency without prior consultation and with the approval of Executive Board---High Court declined to approve act of Governing Body to implement such conversion without Executive Board's consent---High Court directed Defence Housing Authority to immediately restore original position of roads in question and if any changes in master plan were required for public interest, the same could be done in accordance with law after following procedure and taking all concerned authorities on board and giving public hearing notice to all those who were likely to be affected by such change/conversion---Petition was allowed accordingly. Moulvi Iqbal Haider v. Capital Development Authority PLD 2006 SC 394; PLD 2001 SC 415; 1993 SCMR 1798; Shehri-CBE v.…

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