Case Details

Citation(s)
2017 SLG 1221 2017 SLD 1221 2017 PLJ 242
Islamabad High Court
I.C.A. No. 894 of 2013, decided on 28.2.2017.
MIANGUL HASSAN AURANGZEB AND ATHAR MINALLAH, JJ.
Mr. Muhammad Irfan Zafar Hashmi, and Sohail Akram Malik, Advocates for Appellants. Mr. Ahtesham-ul-Haq Butt, and Saima Uzma Chatta, Advocates for
Respondent.

PAEC FOUNDATION HOUSING SCHEME and others . --Appellants

VS

SHARFULISLAM KHAN . --Respondent

Law:

Section:

Allotment of Plot --.-- --.-- Provisional allotment letter --.-- PAEC foundation --.-- Enhanced price for plots --.-- Escalation in prices --.-- Charges was outstanding --.-- Sought to clear outstanding dues in order to become eligible for allotment of plot in balloting --.-- Validity --.-- A provisional allotment does not invest allottee with absolute unconditional ownership of plot so allotted --.-- Unless and until a final allotment letter is issued to allottee by competent authority upon fulfillment of all conditions necessary for such allotment, allottee cannot be absolute owner of plot --.-- An allotment of plot would be deemed to be final unless it is expressly stated to be provisional or subject to declared terms and conditions --.-- Such offer was accepted --.-- -Subsequently as petitioner was unable to obtain marks to meet minimum eligibility criteria, admission was cancelled --.-- Appeal was allowed. 2012 MLD 710, 2012 CLC 447 and 1997 CLC 302. JUDGMENT Miangul Hassan Aurangzeb, J. --.-- Through the instant Intra Court Appeal, the appellants, Pakistan Atomic Energy Commission Foundation, etc., impugn the order dated 12.06.2013, passed by the learned Single Judge-in-Chambers, whereby Writ Petition No. 4583/2010, instituted by the respondent (Sharf-ul-Islam Khan), was accepted with a direction to the appellants to allot a plot to the respondent/petitioner or alternatively to "refund the price along with interest on the basis of the prevailing market rate". 2. The facts essential for the disposal of this appeal are that the respondent, who was an officer at the Pakistan Atomic Energy Commission ("P.A.E.C."), was provisionally allotted a plot measuring 10 marlas at the P.A.E.C Housing Project, Lahore, vide provisional allotment letter dated 14.09.2007. The plot number and its dimensions were to be communicated subsequently to the respondent. Prior to this, Appellant No. 1 had issued letter dated 15.07.2005 to its members, including the respondent, informing them that the tentative cost of land for Appellant No. 1's housing project at Lahore was Rs. 1,500,000/- per kanal. From time to time, Appellant No. 1 used to inform its members about the progress in…
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