Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---No Objection Certificate---Implementation was aggrieved of authorities by not allowing development of Housing Society for which No Objection Certificate had already been issued---No response to petitioner from the side of authorities---Authorities assured the High Court that if petitioner would apply afresh to them for grant of No Objection Certificate and that on receiving any response, future line of action would be determined and the matter would be decided in the light of law settled by superior Courts---Effect---High Court directed the petitioner to approach the authorities---Constitutional petition was disposed of accordingly. JUDGMENT IJAZ ANWAR, J. has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer: “It is, therefore, most respectfully prayed that on acceptance of the instant writ petition, the respondents be directed to give effect to the No Objection Certificate dated 19.05.2015, whereby, NOC was granted to the petitioner Housing Society for the Development of Plots, Houses, Mosques, Parks etc. within the specified area of the petitioner Housing Society comprising of Khasra Nos.8, 9, 10, 11, 12, 13, 14, 15 to 45, 932, 931, 930, 928/1, 928, 920 situated in Village Rashian, Revenue Estate Kakul and for setting aside of the letter dated 07.09.2015, whereby, the present respondents without any legal backing and law suspended the said no objection certificate dated 19.05.2015 against the law of natural justice, law of locus poenitentiae, without giving any notice to the same and against all norms of justice fair play and equity and ineffective upon the rights of the present petitioner and therefore not sustainable and liable to be set-aside with further prayer that letter dated October, 2017 whereby the petitioner has been directed to obtain prior permission from the respondents Nos.1 to 4 before the construction of building etc is also liable to be set aside as the same is against the basic principle of law, canons of justice, fair play, equity and also ultra-vires and…

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