Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(2) & (3)--Allotment of plot--Land Disposal Rules 2002--Disposal of land by development authorities (Regulations) Rules 2002--Government launching scheme of rehabilitation--Merger of land implementation of order of allotment in favor of respondent--Application for allotment filed by respondent--Dismissed--Respondent applied in new housing scheme launched by Government--Additional Commissioner accepted respondent's application--Implementation of--High Court accepted writ petition--Challenge to--Petitioner contended that Respondent No 1 has no right or interest in the subject land as the same has never been converted or demarcated or numbered as a plot, thus not made part of any housing scheme--Further contended that plots measuring 5 Marlas are to be disposed of through auction only-Validity--The Subject land/plot is situated in a low income housing scheme, Respondent No 2 who was employee of petitioner department was allotted a plot, taking undue advantage of his position and in connivance of his colleagues, he purportedly got the subject land/plot merged into his plot illegally--Merger was affected despite the pendency of Respondent No l's application for allotment of the subject land/plot--Allotment in favor of Respondent No 1 has throughout been upheld by the various judicial forums, and ultimately by Supreme Court has not been able to cite any law, rule, policy, pertaining to the period and/or scheme, disentitling Respondent No 1 from allotment/transfer of subject plot--Respondent No 1 was directed to pay the prevailing market price of the land/plot for its allotment and transfer in his favour--Disposed of. Interpretation of Statutes-- ----Land Disposal Rules 2002--Disposal of land by development authorities (Regulations) Rules 2002--Retrospective effects--It is cardinal principle of law that in the absence of a stipulation to the contrary, any change in law effecting substantial right have prospective application only. THIS ORDER PASSED BY: MAQBOOL BAQAR, J.- The petitioner, through the above petition, has sought leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, whereby…

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