Case Details

Citation(s)
2015 SLG 2108 2015 SLD 2108 2015 YLR 1484
Lahore High Court
Writ Petition No. 10234 of 2009, decided on 3rd March, 2015
SHUJAAT ALI KHAN, J
Ch. M. Lehrasib Khan Gondal for Petitioner. Iftikhar Ahmad Mian for
Respondents

BASHIR AHMAD

VS

FAISALABAD DEVELOPMENT AUTHORITY and others

Law:

Section:

(a) Punjab Development of Cities Act (XIX of 1976)--- ----S. 28(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Levy of aquifer charges by the Authorities---Validity---Authorities had been empowered to levy aquifer charges on the persons using turbines and tube-wells to get water for industrial and other purposes---Public functionaries could not be allowed to claim anything without prior legislation---Any levy or surcharge which was supported by a legislation could not be restrained to be demanded merely on the ground that aggrieved persons were not taken on board prior to such legislation---Publication of any legislation in the official gazette would be considered to be sufficient for the notice of public at large---Petitioners, in the present case, had not mentioned about their filing of declaratory suit and dismissal of applications for temporary relief as well as subsequent appeals against those orders---One who had sought equity should come to the court with clean hands---Constitutional petition was dismissed in circumstances. Crescent Sugar Mills Ltd. Through Factory Manager v. Faisalabad Development Authority through Director General and another 2004 YLR 1275 ref. Seven-Up Bottling Co. (Pvt.) Ltd. v. Lahore Development Authority Lahore through M.D. WASA and its Deputy Director Revenue (South), WASA LDA and another 2003 CLC 513 and Lahore Development Authority and others v. Seven-Up Bottling Co. (Pvt.) Ltd. and others 2003 SCMR 1742 distinguished. Sayed Abbas Taqi Mehdi v. Mst. Sayeda Sabahat Batool and others 2010 SCMR 1840 rel. (b) Administration of justice--- ----Public functionaries could not be allowed to claim anything without prior legislation. (c) Administration of justice--- ----One who had sought equity should come to the court with clean hands. Sayed Abbas Taqi Mehdi v. Mst. Sayeda Sabahat Batool and others 2010 SCMR 1840 rel. ORDER SHUJAAT ALI KHAN, J.---Through this single order I intend to dispose of instant petition (W.P. No.10234 of 2009) as well as petitions titled Muhammad Javed Iqbal v. Faisalabad Development Authority and others (W.P. No.10924 of 2009), Muhammad Sher Afghan v. Faisalabad Development Authority and…
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