Law: Federal Government Employees Housing Authority Act, 2020.

Section: 2(m),3,2(j),2(o)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Federal Government Employees Housing Authority Act (IV of 2020)--- ----Ss. 2(m), 3 , Preamble---Federal Government Employees Housing (FGEH) Authority---Object, purpose and scope---Acquiring of land for schemes ---Connotation---Federal Government Employees Housing Authority(FGEHA) Act, 2020 is a self-contained comprehensive statute---FGEH Authority has been established for specific purposes of planning and developing housing schemes for serving and retired Federal Government employees and other specified groups---Existence and jurisdiction of the Authority is confined to establishing housing schemes primarily for Federal Government employees---Functions of FGEH Authority are subject to compliance with Master Plan prepared for developing and planning of Islamabad Capital Territory as Capital of Pakistan---Master Plan has a statutory backing under Capital Development Authority Ordinance, 1960. (b) Federal Government Employees Housing Authority Act (IV of 2020)--- ----Ss. 2 (m) , 3---Acquiring of land for schemes---Jurisdiction---Expression ‘scheme’ as defined in section 2(m) of FGEHA Act, 2020, does not describe nature of undertaking except that it is restricted to Federal Government employees and specified groups approved under FGEHA Act, 2020---FGEH Authority is empowered to acquire land for its schemes through inherent power of the State i.e. eminent domain. (c) Interpretation of statutes--- ----Courts, duty of---Presumptions---Court is to discover legislative intent and interpret laws promulgated by Legislature---While interpreting a statute or discovering legislative intent, it is presumed by Court that mistake or absurdity cannot be attributed to Majlis-e-Shoora (Parliament)---No legislation can be interpreted in such a manner which has effect of defeating public interest or protecting personal interests of a few in disregard or derogation of interests of public at large. (d) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Policy---Judicial review---Policy formulated by Federal Government or any Authority, as the case may be, if found to operate against public interest or detrimental to Constitutionally guaranteed rights of citizens,…

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