Law:

Section:

Easements Act (V of 1882)--- ----Ss.52, 60, 63 & 64---Constitution of Pakistan, Art. 199---Constitutional petition---Licence, revocation of---Petitioners were granted leases by Capital Development Authority for developing nurseries over plots in question---Grievances of petitioners was that Authority refused to renew their leases on the ground that fresh licences would be granted through open auction / bidding---Validity---Petitioners had no vested right in properties in question which had been taken away by Capital Development Authority through executive order---Status of petitioners was that of licensees and by virtue of S.60 of Easements Act, 1882, licence was a personal right which could always be revoked---Policy of Capital Development Authority to convert all leases to licences and grant of a licence through process of open auction/bidding was not exceptionable---High Court declined to interfere in order passed by Capital Development Authority, however, petitioners were entitled to protection under Ss.63 and 64 of Easements Act, 1882---Petition was dismissed in circumstances. Pakistan and others v. Hussain Ali Shah PLD 1960 SC 310 distinguished. Mega Sign and others v. CDA and others 2014 CLC 516; in the matter of Human Rights case No.4668/2006 PLD 2010 SC 759; Tariq Aziz Ud Din and others' case 2010 SCMR 1301; Rehmat Ullah Khan v. GOP 2003 SCMR 50 and Zafar Ali v. The State 2008 YLR 2071 ref. JUDGMENT AAMER FAROOQ, J.---Through this judgment, I, intend to decide the instant writ petition as well as Writ Petitions Nos.2535/2011, 3157/2011, 3164/2011 and 136/2012, as common question of law is involved. 2. The petitioners are ex-lessees and presently licensees of plots Nos.6, 7, 8 and 21 situated at National Park Road Area, Islamabad. In all the cases the petitioners were granted lease by Capital Development Authority (CDA) with respect to their respective, above referred, plots for the purposes of developing nurseries. After expiry of the lease periods the status of lessees was converted into licensees and they were allowed to retain the property on the referred terms. The licenses were on annual basis and were for consideration. In 2009, CDA granted…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492