Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-- ----Art. 199---Allotment Policy of Provincial (Punjab) Government dated 23-12-1986---Allotment of plots to destitute families---Family of deceased government servant---Petitioner was son of deceased government servant, and along with his mother (the widow) was successful drawee in the balloting for allotment of plots---Petitioner impugned decision of Provincial Government, whereby it was held that only one member of the deceased's family could be allotted the plot, which was his mother (widow)---Contention of the petitioner was that he being orphan of deceased government servant, was also eligible for allotment---Validity---Family of the deceased government servant was duly accommodated with the allotment of plot in favour of his widow, and by such fact, the petitioner, son of the same deceased government servant, became disentitled to second allotment of plot from the quota---Destitute quota contained a certain percentage of plots reserved for widows and orphans of government servants and if condition of single allotment to one family was not applied, then the quota may be exhausted by multiple allotments to a few families---Tenor of the scheme was not to confer windfall benefit on members of any destitute family but to provide them security of one home in their time of hardship---Constitutional petition was dismissed, in circumstances. ORDER UMAR ATA BANDIAL, C J.---This petition disputes the order dated 26-7-2007 passed by the scrutiny committee for allotment of plots, inter alia, to destitute families pursuant to Allotment Policy of the Provincial Government dated 23-12-1986 ("Policy"). In the present case, the petitioner is the son of a government servant who died in service. He along with his mother were successful drawees in the balloting for allotment of 10-Marla plots to destitute families. The impugned decision holds that only one member of a destitute family is eligible for allotment of plot under the said policy and consequently such plot was given to the petitioner's mother, Mst.Akhtar Rafiq. Presently, the petitioner/successful drawee seeks the impugned order to be set aside to affirm allotment of plot from destitute…

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