Case Details

Citation(s)
2018 SLG 276 2018 SLD 276 2018 SCMR 301

Civil Petition No. 2023-L of 2016, decision & hearing Date : 11-10-2017. (Against judgment Dated 26.1.2016 of the Lahore High Court, Lahore passed in Writ Petition No. 13263 of 2010)
GULZAR AHMED, JUSTICE, MAQBOOL BAQAR, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Ms. Asma Hamid, Additional A.G. Punjab and Rao M. Yousaf Khan, Advocate-on-Record (Absent) for Petitioners. Taffazul Haider Rizvi, Advocate Supreme Court and Ms. Tasneem Akhter, Advocate-on-Record (Absent) for
Respondent No.1. Nemo for
Respondent No. 2.

SECRETARY, HOUSING AND PHYSICAL ENVIRONMENTAL PLANNING AND PHE DEPARTMENT, GOVERNMENT OF PUNJAB and others

VS

MUHAMMAD RAMZAN and others

Law:

Section:

(a) Allotment--- ----Respondent applied for allotment of a plot in a low income housing scheme---Concerned authority rejected application of the respondent on the ground that subject plot had already been granted to a person "F"---Subsequently while disposing of separate appeals filed by the respondent and person "F" the Appellate Revenue Authority cancelled allotment of person "F" and directed that respondent be given preference at the time of allotment of the subject plot---Revision petition filed by the respondent before the concerned revenue official was allowed and it was ordered that subject plot be allotted in favour of respondent---Suit filed by person "F" against said order was dismissed, which dismissal was upheld all the way upto the Supreme Court---Order for allotment in favour of respondent had, thus, been upheld throughout by the various judicial forums, and ultimately by the Supreme Court---Concerned Government department had not been able to cite any law, rule, policy, pertaining to the relevant period and/or scheme, disentitling respondent from allotment/transfer of the subject plot---Supreme Court directed that since the date respondent had not made any payment towards the price of the subject plot, and as land could not be doled out to the respondent at the price prevailing at the time of allotment order (i.e. in the year 1991) , it would therefore be only just and fair that respondent be required to pay the prevailing market price of the plot for its allotment and transfer in his favour---Appeal was disposed of accordingly. (b) Interpretation of statutes--- ----Prospective application of law---Scope---In the absence of a stipulation to the contrary, any change in law affecting substantial rights had prospective application only. THIS ORDER PASSED BY: MAQBOOL BAQAR, JUSTICE:---.---The petitioner, through the above petition, has sought leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, whereby whilst allowing the respondent No.1's petition, the learned Judge ordered implementation of the order dated 07.12.1991, passed by Additional Secretary, Government of Punjab, Housing and Physical Environmental…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492