Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 9,10,11

Law: Constitution of Pakistan, 1973

Section: 199

(a) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 9, 10 & 11---Constitution of Pakistan, Art. 199---Constitutional petition---Development Authority---Permission for plantation and beautification of State-owned land---Petitioner was a Housing Society, and had obtained permission from Development Authority for plantation and beautification of land owned by the Authority---Said permission was subsequently withdrawn---Contention of the petitioner Housing Society was that a vested right had been created in their favour when said permission was granted, and prayed that withdrawal of the same be declared illegal---Validity---Executive functionaries being custodians of State land were bound to protect the same from invasions, misuse and encroachments, and if such executive functionaries failed to perform their duties, the presumption would be that they were privy to criminal acts---No mechanism existed through which permission for plantation and beautification were accorded and for ascertaining as to how much land should be handed over to societies and under what conditions and prescribed limits---High Court observed that such practices were adopted to open gates of corruption---Acts of the Housing Society constituted criminal offence or criminal breach of trust as State land was entrusted to the Society as a trustee, and the Society's management misappropriated and converted the same to its own use---No vested right accrued to the Society---No fundamental right of the Society had been infringed---Constitutional petition was dismissed, in circumstances. Jubilee Park's case PLD 2006 SC 394; Ardeshir Cowasjee's case 1999 SCMR 2883; Shehla Zia's case PLD 1994 SC 693; Parner Oilver's case PLD 1999 SC 26; Manzoor Bhatti's case PLD 2002 Lah. 412 and Faiz Buksh and others v. Deputy Commissioner and others 2006 SCMR 219 rel. (b) Executive functionaries--- ----Duty of---State land- Executive functionaries being custodians of State land were bound to protect the same from invasions, misuse and encroachments, and if such executive functionaries failed to perform their duties, the presumption would be that they were privy to criminal acts. (c) Capital…

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