| Citation(s) |
|---|
| 2019 SLG 1172 2019 SLD 1172 2019 SCMR 859 |
Supreme Court of Pakistan
Civil Petition No. 2108, C.M.A. No. 4937 of 2018 in C.P. No. 2108 of 2018, C.P. No. 2299, C.M.A. No. 5180 of 2018 in C.P. No. 2299 of 2018, C.P. No. 3749 of 2018 and C.Ps. Nos. 3785 to 3790 of 2018, decision & hearing Dated: 27-02-2019. (On appeal from th
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Naveed Akhtar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 2108 of 2018). M. Younis Thaheem, Advocate Supreme Court (in C.P. No. 2299 of 2018). Malik Manzoor Hussain, Advocate Supreme Court and M.S. Khatta
Civil Petition No. 2108, C.M.A. No. 4937 of 2018 in C.P. No. 2108 of 2018, C.P. No. 2299, C.M.A. No. 5180 of 2018 in C.P. No. 2299 of 2018, C.P. No. 3749 of 2018 and C.Ps. Nos. 3785 to 3790 of 2018, decision & hearing Dated: 27-02-2019. (On appeal from th
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Naveed Akhtar, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 2108 of 2018). M. Younis Thaheem, Advocate Supreme Court (in C.P. No. 2299 of 2018). Malik Manzoor Hussain, Advocate Supreme Court and M.S. Khatta
DR. TARIQ IQBAL AND 8 OTHERS
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ADMINISTRATION PESHAWAR AND OTHERS
Law: Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, (II of 2018)
Section: 7(3)(5),16
Law: Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018
Section: R.18
(a) Interpretation of statutes--- ----Purposive rather than a literal approach of interpretation of a statute was to be adopted. Federation of Pakistan through Ministry of Finance and others v. Messrs Noori Trading Corporation (Private) Limited and 14 others 1992 SCMR 710; Hudabiya Engineering (Pvt.) Limited v. Pakistan through Secretary, Ministry of Interior, Government of Pakistan and 6 others PLD 1998 Lah. 90 and Saif-ur- Rehman v. Additional District Judge, Toba Tek Singh and 2 others 2018 SCMR 1885 ref. (b) Interpretation of statutes--- ----Statute beneficial in nature---Where the tone and tenor of a statute was beneficial in nature, its provisions must necessarily be interpreted liberally so as to advance the benefit rather than curtail it. Saif-ur- Rehman v. Additional District Judge, Toba Tek Singh and 2 others 2018 SCMR 1885; Lahore Development Authority through D.G., Lahore and another v. Abdul Shafique and others PLD 2000 SC 207 and Pakistan Engineering Co. Limited, Lahore through Managing Director v. Fazal Beg and 2 others 1992 SCMR 2166 ref. (c) Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act (II of 2018)--- ----S. 16---Allotment of Government accommodation under the legal dispensation that existed prior to the promulgation of the Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act, 2018 ('the Act of 2018')---In terms of S. 16 of the Act of 2018, all allotments of residential accommodation made prior to the promulgation of the Act of 2018 must pass the test of being consistent and subject to the provisions of the said Act. (d) Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act (II of 2018)--- ----S. 7(5)---Allotment of Government accommodation---Special quota for son, daughter or spouse of retired/dead public office holder---Scope---In terms of S. 7(5) of the Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act, 2018, offspring and spouses of retired or deceased public office holders, if otherwise, eligible may be allotted or could retain official residential accommodation in such capacity, if the residential accommodation in question…
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