Law:

Section:

(a) National Highway Authority Act (XI of 1991)-------Ss. 3, 10(2)(xv) & 27---Constitution of Pakistan, Art.199---Provincial Government cancelled contract awarded to respondent/ contractor after completion of 60% work by him---Matter was referred to arbitration wherein respondent was found entitled to recovery of remaining amount through award which became rule of court---Executing Court held that petitioner/National Highway Authority was obliged to satisfy the decree---Road in question was handed over to National Highway Authority---District Judge dismissed revision---National Highway Authority contended that the right of way had to be given to the Authority in terms of S.10(2)(xv) of the National Highway Authority Act, 1991---Validity---Under S.10(2)(xv) of the National Highway Authority Act, 1991 right of way of roads declared as National Highways with consent of the provinces and approval of the Federal Government would be effected free of cost and without any liability or condition---Word 'liability' was not defined in National Highway Authority Act, 1991, so its ordinary/dictionary meaning read with S.10(2) of the National Highway Authority Act, 1991, showed that no liability could have been transferred upon National Highway Authority in contravention of statutory provisions of S.10(2)(xv) of National Highway Authority Act, 1991---Contract executed between the parties in violation of law was ab initio void and was not enforceable at law---Revisional court passed impugned order due to misconceived application of S.27 of National Highway Authority Act, 1991---Constitutional petition was accepted. (b) Void order--- ----Effect---Limitation---Any order passed in disregard of an existing law was a nullity; such order was not required to be set aside---Limitation would not run against order passed in contravention of mandatory provisions of law as such order was a nullity---Passage of time would not confer legality upon a void order. Muhammad Ramzan and others v. Member (Rev.)/CSS and others 1997 SCMR 1635; Malik Khawaja Muhammad and 24 others v. Marduman Babar Kahol and 29 others 1987 SCMR 1543 and Miss Reeta v. Government of Sindh and others 2001 CLC 1825…

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