Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Creation of plots without layout plan--Issuance of allotment letters prior to survey--Rule of consistency--Non filling of reference--Learned Prosecutor NAB could not point out any role of petitioner, which was in any manner different from that of Director (Estate) FGEHF, who had already been granted bail by this Court--Reference in this case has, till date, not filed--Learned Prosecutor NAB was not in a position to indicate as to when Reference against petitioner and other co-accused would be filed, in written comments, no specific role had been ascribed to petitioner--NAB was of view that as petitioner was an influential person, he could influence prosecution or abscond--It is pertinent to note that allotment of plots which petitioner and other co-accused are alleged to have unlawfully made have already been cancelled and amount deposited by allottees has been secured--Petition was allowed. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE---.--- Through the Instant writ petition, the petitioner, Syed Muhammad Ali, Deputy Director, Federal Government Employees Housing Foundation ("FGEHF") seeks post-arrest bail. 2. The precise allegations against the petitioner as gathered from the para wise comments filed by the National Accountability Bureau ("NAB") are that FGEHF proposed creation of plots in sub-sector G-14/1, 2 & 3; that a so-called joint survey was conducted on 14.03.2013 consisting of officials of Capital Development Authority ("CDA") and FGEHF who submitted their official reports on 16.03.2013 along with the proposed layout plan indicating the proposed plots to be created over and above the approved layout plan; that the proposal for the creation of plots was sent by the Technical Wing of FGEHF to CDA for approval; that CDA categorically intimated that the subject plots had no legal status; some allottees were issued allotment letters prior to the survey and the report; and without consulting the Technical and Legal Wings of FGEHF; that without waiting for the approval of GDA for the creation of plots, the petitioner, by misusing his authority, illegally proceeded and…

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