Law: Specific Relief Act, 1877

Section: 39,42

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10

Law: Contract, Act, 1872

Section: 74

Law: Constitution of Pakistan, 1973

Section: 23,24

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Allotment of industrial plots---Levy/demand of non-utilization fee by Provincial Industrial Estate---Scope---Plaintiff who was allotted plot by Industrial Estate, Ltd. inter alia, sought declaration to the effect that demand of non-utilization fee for the plot was illegal and not liable to be paid by plaintiff---Validity---Whilst undertaking was given for raising construction within period of six months by plaintiff, however, the same did not provide for whether plaintiff would be required to pay non-utilization fee and such levy and demand could only be made if an agreement or contract between parties permitted it---When there existed no such agreement, then demand in respect of non-utilization fee could not be sustained. Messrs Indus Battery Industries v. S.I.T.E. in C.P. No.D-333 / 2002 rel. Anwar and Co. v. SITE, Karachi in C.P No.D-109 of 2005; Sindh Industrial Trading Estate Ltd., Karachi v. Central Board of Revenue and 3 others PLD 1975 Kar. 128 and Central Board of Revenue and another v. SITE PLD 1985 SC 97 rel. (b) Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Cancellation of registered documents---Principle---Cancellation of registered document(s) could only take place through a declaration of the court and not by means of an executive order. THIS JUDGMENT DELIVERED BY: MUHAMMAD JUNAID GHAFFAR, J.---- This is a Suit for Declaration, Mandatory Injunction, Cancellation and Compensation seeking the following reliefs:- A) declaration that the Plaintiff is the owner and / or leasehold rights holder of the Suit property and is entitled to enjoy the same under Articles 23 and 24 of the Constitution; B) A declaration that the impugned notices allegedly dated 2.4.2014 (ANNEX P-29 to 23 above) are arbitrary, mala fide, illegal and without legal effect and set aside the same as well as set aside / undo all consequential orders / actions issued or taken subsequent / pursuant to the impugned notices; C) A permanent injunction restraining the Defendant from allotting the Suit property to any other person and / or creating third party interest or alienating the interest of the…

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