Law:

Section:

Islamabad Land Disposal Regulations, 2005-------S. 7---Constitution of Pakistan, Art. 199---Constitutional petition---Plot in Diplomatic Enclave earmarked for school---Allotment of suit plot by Capital Development Authority (CDA) without advertising same in favour of respondent not educationist running school in Islamabad---Validity---Record showed that CDA on 18-10-1996 had advertised some school plots (not including suit plot) for allotment to a person already running school in Islamabad only---Record showed that meeting of Board included suit plot to be allotted without making any decision to alter such advertisement---According. to S.7(4) of Islamabad Land Disposal Regulations, 2005, allotment could be made after inviting applications---Application could not be invited without publicizing plot in newspaper---Board had to lay down criteria after receiving applications for allotment---Neither suit plot had been publicized nor on basis of criteria mentioned in such advertisement any plot finding mention therein could be allotted to a person not running school in Islamabad---Chairman, CDA in his affidavit filed in Court had admitted allegations made in constitutional petition except allegation regarding nepotism after undertaking to allot suit plot in accordance with law and criteria laid down---Respondent-allottee by filing in Court his affidavit gave up his claim regarding suit plot---High Court accepted constitutional petition and directed CDA to proceed with allotment of suit plot in accordance with law and procedure. S. Naeem Bokhari for Petitioner. Barrister Masroor Shah for Respondent No.1. Salman Akram Raja and Malik Ghulam Sabir for Respondents Nos.2 and 3. Date of hearing: 10th February, 2011. JUDGMENT RIAZ AHMED KHAN, J.--- Shabnam Ashraf petitioner herein is running a school in the name of Preparatory School, situated in Diplomatic Enclave-II, Islamabad. The respondent C.D.A. in the year 1996 decided to allot school plots in Islamabad. In this respect, a publication was made in the newspaper on 18-10-2006. According to the publication school plots were to be allotted in Sector H-8, H-9, H-1, I-8, 1-14, 1-15 and 1-16, Islamabad. These plots were to…

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