Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Alternate remedy---Allotment of plot---Undertaking by applicant for allotment---Scope---Both petitioner and her husband applied for allotment of plots but application of petitioner was turned down---Contention of petitioner was that husband and wife were two distinct persons and they could not be termed as one for the purposes of allotment of property---Validity---Petitioner had signed an undertaking whereby she agreed to abide by the terms and conditions as given in the brochure of the housing scheme---Priority was to be given to the applicants whose spouses or family had not been allotted a house/flat or plot in the housing scheme or any government agency at any time---Enforcement of contract could not be ordered through constitutional petition---If both husband and wife were successful in draw, only one of them was entitled to retain the plot---Object of housing scheme was to accommodate as many families as possible---Petitioner was bound by such terms of housing scheme---Arbitration clause existed for settlement of all disputes between the applicants/allottees and the management of scheme through arbitration---Executive Committee of the management was to be the sole judge in the matter---Petitioner had an alternate remedy which was efficacious in nature---Where an alternate and efficacious remedy was available, constitutional petition was not maintainable---Constitutional petition was dismissed. Prof. Kazim Hussain and others v. Government of Pakistan through Secretary M/o Law Justice and Parliamentary Affairs and others as PLD 2013 FSC 18 ref. Ishrat Jabeen Saeed v. Multan Development Authority 2007 MLD 1164; Messrs Gandapur Construction Company v. Government of KPK and others 2014 CLD 400; Messrs N.A.A. Consulting Engineers and others v. Karachi Metropolitan Corporation 2014 MLD 1795; S.M. Hashim Hussain v. Pakistan Defence Officers' Housing Authority 2005 SCMR 1782; Haji Khalid Usman v. Secretary to the Government of Punjab, Agriculture Department, Lahore 2008 CLC 1360 and Messrs Tauseef Corporation (Pvt.) Ltd. Lahore v. Lahore Development Authority and 2 others…

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