Law:

Section:

Constitution of Pakistan--- ----Arts. 23, 24 & 10-A---Protection of property rights---Right to fair trial---Defence Housing Authority---Agreement for sale of land against exempted plot---Non-fulfilment of contractual obligations by the land owner---Non-issuance of no demand certificate by the Housing Authority---Audi alteram partem, principle of---Applicability---Articles 23 & 24 of the Constitution had provided protection to the citizens qua acquiring, using and holding a property save as in accordance with law---If any obligation was not fulfilled then Housing Authority had alternate efficacious remedies by way of approaching the civil court of competent jurisdiction for enforcement/specific performance of agreement/conveyance deed or else sought damages from the landowner---Non-fulfilment of a contractual obligation did not invest the Housing Authority to mark caution/place embargo on the rights of landowner from acquiring, using and holding a property---Authority had placed a rider on the rights of landowner without any lawful authority which was in violation of Arts.23 & 24 of the Constitution---No opportunity of hearing had been provided to the petitioner prior to taking any action against him which would militate the principle of audi alteram partem---No adjudication had been made by a court of law declaring that landowner had not fulfilled his obligations as per agreement/conveyance deed---Authority was not invested with any authority under the law to mark caution on the rights of land owner---Marking caution by the housing authority was declared to be without any lawful authority and same was set aside---Housing Authority was directed to issue no demand certificate to the land owner---Constitutional petition was allowed in circumstances. Messrs Malik and Haq and another v. Muhammad Shamsul Islam Choudhry and 2 others PLD 1961 SC 531; Mst. Rasheeda Begum and others v. Muhammad Yousaf and others 2002 SCMR 1089; Muhammad Ibrahim and 44 others v. Fateh Ali and 30 others 2005 SCMR 1061 and Ghulam Hussain and others v. Muhammad Yousaf and another PLD 1981 Lah. 11 rel. THIS JUDGMENT DELIVERED BY: FAISAL ZAMAN KHAN, JUSTICE:---.--- The facts giving…

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