Case Details

Citation(s)
2024 SLG 2868 2024 SLD 2868 2024 CLC 274
Islamabad High Court
Writ Petition No.1154 of 2019, decided on 12th January,2023.Date of hearing: 1st December, 2022.
Before Mohsin Akhtar Kayani, J
Petitioner in person.Usman Rasool Ghuman, A.A.G., Muhammad Nasim Saqlain, A.A.G., Ms. Khadija Ali, State Counsel and Ch. Muhammad Asif Khan for
Respondents.

MUHAMMAD SHAHBAZ----Petitioner

VERSUS

DISTRICT AND SESSIONS JUDGE (EAST), ISLAMABAD and 7 others----Respondents

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 1(2),2(k)

(a) Words and phrases--- ----'Urban area'---Definition---Urban area ordinarily means city or town based upon buildings, metropolitan areas, where population beyond 50,000 or more was settled for on account of provision, trade and community services were provided in the area---Such are the features of urban concept generally and widely used in common parlance. Chairman, Pakistan Railway, Government of Pakistan, Islamabad and others v. Shah Jehan Shah PLD 2016 SC 534; Blacks Law Dictionary (11th Edition) Bryan A. Garner; Oxford Advanced Learner's Dictionary (9th Edition); Chamber Dictionary (10th Edition) and Wolters Kluwer Bouvier Law Dictionary (Desk Edition Volume-2 by Stephen Michael Sheppared rel. (b) Interpretation of Constitution--- ----Object, purpose and scope---Constitution is an organic document, which covers day to day affairs and needs of the people in the framework of Principles of Policy enshrined in the Constitution---Constitution provides due protection to citizen of Pakistan while considering legitimate needs, so they should not be exposed or harmed or be placed under legal hardships qua their legal rights by not extending benefits of law. (c) Interpretation of statutes--- ----Expression "notwithstanding anything contained in any other law"---Applicability---Expression "notwithstanding anything contained in any other law" indicates that the provision should prevail despite anything contrary to any provision and would prevail over other clause as well as the laws in case of any inconsistency. E.F.U General Insurance Company Ltd. v. Federation of Pakistan PLD 1997 SC 700 and Hakim Ali Zardari v. The State PLD 2002 Kar. 374 rel. (d) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss.1(2) & 2(k)---Notification SRO 83(K)/2012, dated 01-08-2002---Ejectment of tenant---Urban area---Scope---Petitioner was owner of immovable property which was not notified as urban area for the purposes of Islamabad Rent Restriction Ordinance, 2001---Validity---Term "urban area" under S.2(k) of Islamabad Rent Restriction Ordinance, 2001, was silent about any character, principle, or explanation to understand which areas were called urban area with reference to…
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