Law:

Section:

(a) Constitution of Pakistan--- ----Art. 8---Fundamental Rights---Scope---Protection provided by Art.8 of the Constitution to Fundamental Rights---Such rights guaranteed by Constitution are not meant merely to be pious enunciations of certain principles supposed to be the basis of the Constitution---Characteristic of a fundamental right is its superiority over ordinary State-made laws---Fundamental rights are immune from the pale of legislative enactments and executive actions---Such rights constitute express Constitutional provisions limiting legislative power and controlling temporary will of majority by a permanent and paramount law settled by deliberate wisdom of nation---Sanctity of fundamental rights is protected by Art.8 of the Constitution which prohibits State which includes Legislature not to make any law by which any fundamental right may be curtailed or taken away---If any law is made to such effect, to the extent of such contravention, that law is void---Fundamental right is not liable to be abridged by any legislative or executive orders. (b) Constitution of Pakistan--- ----Arts. 24 & 199---Constitutional petition---Property rights Acquiring of land---Duty of Executive---Grievance of petitioners was that city Development Authority could not demolish their shops without providing alternate land in lieu thereof---Validity---Held, it was bounden duty of Executive to respect ordinary legal rights of a subject towards protection of his property and if government had opted to acquire land for public welfare project, it could do so without following procedure on the subject in addition to paying compensation in lieu thereof as fundamental rights, guaranteed under the Constitution, could neither be treated lightly nor interpreted in a causal or cursory manner rather while interpreting fundamental rights, a cardinal principle had always to be borne in mind that such guarantees to individuals were subject to overriding necessity or interest of community---Balance had to be struck between such rights of individuals and interests of community---If in serving interests of community, an individual or number of individuals had to be put to some inconvenience…

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