| Citation(s) |
|---|
| 2011 SLG 1823 2011 SLD 1823 2011 PLC 1277 |
Islamabad High Court
Writ Petition No.3765 of 2010, heard on 3rd May, 2011.
RIAZ AHMAD KHAN, J
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Writ Petition No.3765 of 2010, heard on 3rd May, 2011.
RIAZ AHMAD KHAN, J
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RAHAT ALI SHERWANI
VS
FEDERATION OF PAKISTAN through Ministry of Housing and Works and 2 others RAHAT ALI SHERWANI vs FEDERATION OF PAKISTAN through Ministry of Housing and Works and 2 others
Law:
Section:
(a) Accommodation Allocation Rules, 2002-------R. 2(b)---Allottee---Valid allotment letter---Only letter issued by the Estate Office can be considered as a valid allotment. (b) Administration of justice--- ----If law requires something to be done in a specific manner, then that thing ought to be done in that manner alone and not in any other way---Law cannot be changed on the basis of presumptions or for the convenience of a particular person. (c) Accommodation Allocation Rules, 2002--- ----Rr. 2(b), 15(2) & 29A---Constitution of Pakistan, Art.199---Constitutional petition---Allotment of residence---Valid allotment letter---Rule, relaxation of---Principle---Respondent was allotted house in question on the basis of allotment order issued by Federal Government after relaxing the rules---Plea raised by petitioner was that allotment letter in favour of respondent was not issued by Estate Office and the accommodation was beyond her entitlement---Validity---Only order issued by Estate Office was proper 'allotment order' and no other order; therefore, 'allotment letter' in possession of respondent was not a valid 'allotment order'---Federal Government had the authority to relax any rule but that was to be exercised in public interest for deserving and hardship cases and on compassionate grounds, for reasons to be recorded for such relaxation---Order of relaxation should have been a speaking order, based on reasons and the same must not have been amalgamated with the 'order of allotment'---If Federal Government intended to relax any rule regarding allotment of accommodation, then the 'order of relaxation' should have been communicated to Estate Office as the Estate Office was the only body to issue 'allotment letter'---After relaxation of rules by Federal Government, the Estate Office could issue 'allotment letter' on the basis of relaxation granted by the Government---No reason in writing was given for relaxation of rules and, therefore, order regarding relaxation of rules was not in accordance with R.29-A of Accommodation Allocation Rules, 2002---High Court declared the allotment letter issued in favour of respondent as illegal and without lawful authority and…
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