| Citation(s) |
|---|
| 2021 SLG 2745 2021 SLD 2745 2021 MLD 1909 |
Islamabad High Court
I.C.A. No.236 of 2021, decided on 27th May, 2021.
AAMER FAROOQ, JUSTICE, TARIQ MEHMOOD, JAHANGIRI, JUSTICE
Ali Asghar Pasha Khan for Appellant.
I.C.A. No.236 of 2021, decided on 27th May, 2021.
AAMER FAROOQ, JUSTICE, TARIQ MEHMOOD, JAHANGIRI, JUSTICE
Ali Asghar Pasha Khan for Appellant.
ZAHID IDREES MUFTI
VS
DEPUTY COMMISSIONER, CAPITAL DEVELOPMENT AUTHORITY AND 2 OTHERS
Law: Capital Development Authority Ordinance, 1960
Section: 49-C,36
Law: Law Reforms Ordinance, 1972
Section: 3
(a) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss.49-C 36---Removal of building, etc., erected or used in contravention of the Capital Development Authority Ordinance, 1960 (Ordinance) ---Appeal and review---Maintainability---Scope was aggrieved of order passed by Deputy Commissioner, Capital Development Authority (CDA) under S.49-C of Capital Development Authority Ordinance, 1960, whereby he was directed to pay certain fine within five days as well as to remove the non-confirming use within a period of 15 days---Constitutional petition challenging such order was dismissed---Validity---Order passed by Deputy Commissioner was appealable under S.36 of Capital Development Authority Ordinance, 1960---Appeal to the Commissioner having been provided against the order of Deputy Commissioner, hence, the intra court appeal was barred under S.3 of the Law Reforms Ordinance, 1972---Appeal was dismissed. Deputy Commissioner / Administrator, District Council Attock and another v. Lawrencepur Woolen Textile Mills Ltd 1999 SCMR 1357; Iqan Ahmed Khurram v. Government of Pakistan and others PLD 1980 SC 153; Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344; Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107 ref. (b) Law Reforms Ordinance (XII of 1972)--- ----S.3---Intra Court Appeal---Scope---Section 3 of the Law Reforms Ordinance, 1972, provides that no appeal shall lie, if the application brought to the High Court under Art.199 arises out of “any proceedings” in which the law applicable provided at least one appeal or one revision or one review to any Court, Tribunal or authority against the original order. ORDER TARIQ MEHMOOD JAHANGIRI, JUSTICE:---.--- Through the instant Intra Court Appeal, the appellant has assailed the Judgment dated 11.03.2021, passed in Writ Petition No. 4305 of 2014, whereby, the learned single Judge-in-Chambers has dismissed the writ petition filed by the petitioner. 2. Brief facts of the case are that the appellant had challenged orders dated 16.09.2014 and 06.08.2014 passed by the Deputy Commissioner, C.D.A, Islamabad, whereby on failure of the appellant to clear violation…
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