| Citation(s) |
|---|
| 2022 SLG 141 2022 SLD 141 2022 PLD 22 |
Islamabad High Court
Writ Petitions Nos. 4126 to 4129, 4133, 3574, 3576 and 3578of 2015, 1018 of 2019, Civil Revisions Nos. 315 and 423 of2016, decided on 7th April, 2021. Date of hearing: 16thFebruary, 2021.
BABAR SATTAR, J
Mansoor Ahmed, Advocate for Petitioners (in Writ Petitions Nos. 4126, 4127, 4128, 4129 and 4133 of 2015).Muhammad Ikram Chaudhry for Petitioners (in Writ Petitions Nos. 3574, 3576 and 3578 of 2015).Mir Afzal Malik for Petitioner (in Writ Petition No.
Writ Petitions Nos. 4126 to 4129, 4133, 3574, 3576 and 3578of 2015, 1018 of 2019, Civil Revisions Nos. 315 and 423 of2016, decided on 7th April, 2021. Date of hearing: 16thFebruary, 2021.
BABAR SATTAR, J
Mansoor Ahmed, Advocate for Petitioners (in Writ Petitions Nos. 4126, 4127, 4128, 4129 and 4133 of 2015).Muhammad Ikram Chaudhry for Petitioners (in Writ Petitions Nos. 3574, 3576 and 3578 of 2015).Mir Afzal Malik for Petitioner (in Writ Petition No.
Raja ZAHOOR AHMEDVsCAPITAL DEVELOPMENT AUTHORITY through Chairman and another
Law: Constitution of Pakistan, 1973
Section: 199
Law: Capital Development Authority Ordinance, 1960
Section: 11,51
Law: General Clauses Act, 1897
Section: 21
(a) Constitution of Pakistan--- ----Art. 199---Judicial review---Legitimate expectancy, doctrine of---Scope---Jurisprudence on doctrine of legitimate expectancy has evolved over the years---Even in a case where conduct of a public authority gives rise to legitimate expectation of an individual to be treated in a certain way, the onus merely shifts to public authority to establish that notwithstanding such expectation its decision to act contrary to such representation is driven by public interest---Doctrine of legitimate expectation is a consideration for decision maker and not an absolute bar against acting in a certain manner in such cases where such action promotes larger public interest---In case of any conflict between rights of an individual and rights of a community, Court has to undertake a balancing exercise so that interests of individual are not allowed to trump the interests of community. Judicial Review of Public Actions (Volume 2 Page 1365); Council of Civil Services Union v. Minister for the Civil Services [1985] A.C. 374 and Food Corporation of India v. Kamdhenu Cattle Feed Industries (1993) 1 SCC 71 rel. (b) Capital Development Authority Ordinance (XXIII of 1960)--- ----S. 11---Master plan---Compliance---Scope---Compliance with Capital Development Authority Ordinance, 1960, Master plan approved and rules and regulations framed, is mandatory---Capital Development Authority is not vested with power or mandate to frame regulations in breach of provisions of Capital Development Authority Ordinance, 1960 or in conflict with Master plan approved by Federal Government or prepare any schemes that are not in conformity with approved Master plan or exercise discretionary authority to take decisions such that they are in contradiction with Master plan or the regulations promulgated under Capital Development Authority Ordinance, 1960, whether in relation to development of schemes, authorization of construction or land and property use---Any decision of Capital Development Authority in breach of provisions of Capital Development Authority Ordinance, 1960, rules and regulations framed thereunder or in conflict with Master plan is devoid of legal authority…
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