| Citation(s) |
|---|
| 2016 SLG 2936 2016 SLD 2936 2016 YLR 2683 |
Lahore High Court
Writ Petition No. 13623 of 2010, decided on 26th January, 2016. DATE of hearing: 26th January, 2016.
MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE
Tafazzal H. Rizvi for Petitioner. Ms. Asma Hamid, Additional Advocate General, Punjab and Muhammad Younas Mughal, Director PHATA, Sub-Region, Sahiwal for
Respondents Nos. 1 to 3.
Writ Petition No. 13623 of 2010, decided on 26th January, 2016. DATE of hearing: 26th January, 2016.
MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE
Tafazzal H. Rizvi for Petitioner. Ms. Asma Hamid, Additional Advocate General, Punjab and Muhammad Younas Mughal, Director PHATA, Sub-Region, Sahiwal for
Respondents Nos. 1 to 3.
MUHAMMAD RAMZAN
VS
SECRETARY HOUSING PHYSICAL AND ENVIRONMENTAL PLANNING
Law:
Section:
(a) Allotment---.--- ---.---Allotment of plot in a government Scheme on the basis of allottee being homeless---.---Plot was allotted to the petitioner on 07-12-1991 but he could not occupy the same due to litigation---.---Contention of petitioner was that he should not be penalized by charging the current market price from him---.---Validity---.---Pending lis had to be decided in accordance with the applicable law in vogue at the time of the initiation of the same lis---.---Authorities could not be allowed to reap the benefit of their own inaction---.---Authorities had admitted the right of petitioner and that he was not at default in compliance of the allotment order or any demand made thereunder---.---High Court burdened the private respondents with cost of Rs. 25,000/- which should be deposited in the "Bait-ul-Maal" within 120 days otherwise same would be recovered as arrears of land revenue---.---Authorities were directed to allot the suit plot to the petitioner in implementation of allotment order and to charge from him the market price which was prevalent at the time of passing of allotment order---.---Constitutional petition was allowed in circumstances. M.C.B. Bank Ltd. Karachi v. Abdul Waheed Abro and others 2016 SCMR 108; Manzoor Ali and 39 others v. United Bank Ltd. through President 2005 SCMR 1785; Mubarak Hussain and others v. Government of Pakistan through Secretary, Rehabilitation and Works Division, Islamabad and others 1997 SCMR 190; Dad Muhammad and another v. Additional District Judge-I, Quetta and others 1996 SCMR 1688; Muhammad Tariq Badr and another v. National Bank of Pakistan and others 2013 SCMR 314; Abdul Rehman Chaudhry v. Deputy District Officer (Revenue), Lahore Cantt. and 2 others 2005 YLR 264 and Sharafat Ali v. Government of Punjab through Chief Secretary and 3 others 2005 YLR 1844 rel. (b) General Clauses Act (X of 1897)---.--- ---.---S. 6--Pending lis had to be decided in accordance with the applicable law. M.C.B. Bank Ltd. Karachi v. Abdul Waheed Abro and others 2016 SCMR 108; Manzoor Ali and 39 others v. United Bank Ltd. through President 2005 SCMR 11785; Mubarak Hussain and others v. Government of Pakistan through Secretary,…
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