Case Details

Citation(s)
2016 SLG 2207 2016 SLD 2207 2016 YLR 715
Lahore High Court
Writ Petition No. 483 of 2015, decided on 22-05-2015.
MASUD ABID NAQVI, JUSTICE
Muhammad Faisal Butt for Petitioner. Raja Saim ul Haq Satti for
Respondents.

MK PAKISTAN (PVT.) LTD. THROUGH CHIEF EXECUTIVE DIRECTOR

VS

. MANAGING DIRECTOR PAKISTAN TOURISM DEVELOPMENT CORPORATION AND another--RespondentS

Law:

Section:

(a) Vested right--- ----Scope---Vested right is created when it is considered mature in all aspects and no contingency exists before its completion. Nabi Ahmed and another v. Home Secretary, Government of West Pakistan, Lahore and 4 others PLD 1969 SC 599 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Auction proceedings---Discretion of authorities---Petitioner was the highest bidder but authorities cancelled the auction---Validity---Petitioner participated in auction proceedings by accepting stipulated terms and conditions duly written in auction proclamation wherein authorities reserved their right to accept or reject the bid---Exercise of discretion by relevant authority was not amenable to interference in Constitutional jurisdiction unless the same was arbitrary, fanciful or violative of any of the fundamental rights---Relevant authority had exercised its discretion as conferred by law---Auction in favour of petitioner was not approved, therefore, petitioner did not acquire any vested right in the land and had no locus standi to ask for its transfer---Action of relevant authority was not arbitrary, fanciful or violative of any of the fundamental rights requiring interference in Constitutional jurisdiction---High Court declined to interfere in the matter---Petition was dismissed in circumstances. 2011 SCMR 1675; PLD 2006 SC 697; PLD 2014 SC 1; 2007 MLD 423; 2010 MLD 486; AIR 1988 SC 157 and AIR 1985 SC 1147 ref. Province of Punjab and another v. Munawar Hussain 2013 SCMR 1611 and Pervez Qureshi v. Settlement Commissioner Multan 1974 SCMR 337 rel. THIS ORDER PASSED BY: MASUD ABID NAQVI, JUSTICE:----------- Brief facts of this writ petition as mentioned in the petition are that being a company, the petitioner has a joint venture with Balochistan Coastal Development Authority (BCDA) to hold, manage, occupy, run and construct the Project, namely, Gaddani Fish Harbour Mini Port, District Lasbela Balochistan. The petitioner company is providing assistance in 1st phase of Gaddani Fish Harbour-Mini Port District Lasbela. Through a proclamation, published in daily "Dawn" on 04.3.2011, BCDA invited the expression of interest for joint…
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