Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Cancellation of allotment of plot---Plot in question was duly allotted to the petitioner in open balloting and petitioner/allottee had deposited first instalment of development charges---Subsequently said allotment was cancelled on the ground that petitioner was ineligible for allotment--Validity---Terns and conditions of allotment which were clear and unambiguous, showed that allotment could be cancelled, if allottee was found ineligible---Petitioner who was allottee, had paid the amount, but when it was found that he did not meet the eligibility criteria, he was immediately informed about the same and allotment in question was cancelled---Nothing was on record to indicate that the petitioner had intentionally and mala fidely given wrong information or made an attempt to defraud the authorities---Even otherwise, once the allotment had been cancelled, there was nothing to stop the authorities from refusing money to the petitioner which he had paid, but the authorities had denied to refund money paid by the petitioner---Authorities had to act fairly and reasonably and not in arbitrary manner and penalizing a person without due process of law---Specific item in the terms and conditions was in the nature of penalty and was not enforceable---Authorities were directed to refund the amount paid by the petitioner together with mark up at the rate of 10% per annum---Said amount would be refunded to the petitioner within a period of 15 days. THIS JUDGMENT DELIVERED BY: IJAZ-UL-AHSAN, J.--- Brief facts leading to the filing of this petition are that Defence Housing Authority, Lahore Cantt. Lahore announced Defence Housing Scheme Phase VII in the year 2006. The said scheme was widely publicized. The petitioner who was then serving at Quetta in Balouchistan Levis submitted an application for allotment of a plot on 2-6-2006 through the Bank of Punjab at Quetta. He was given an acknowledgment of the said application. He deposited the requisite amount for securing a plot in Phase VII of DHA. 2. Petitioner's application was included in the balloting process. As a result of the balloting the petitioner was…

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