Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 37,49

Law: Constitution of Pakistan, 1973

Section: 199

Law: Islamabad Land Disposal Regulations, 2005

Section: Regulations.4,5

Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss.37 & 49---Islamabad Land Disposal Regulations, 2005, Reglns. 4 & 5---Constitution of Pakistan, Art. 199---Constitutional petition---Decision of Board of Capital Development Authority declaring all deputationists on its strength eligible to get allotment of residential plot on fulfilling required criteria, as employee of Federal Government having served the Authority on deputation claimed allotment of plot on basis of said decision of Board---Refusal of the Authority to allot plot to petitioner---Validity---Powers conferred on the Authority to dispose of its land would be regulated through Reglns. 4 & 5 of Islamabad Land Disposal Regulations, 2005---Neither the Authority had appointed petitioner nor had he been absorbed in the Authority could avail right of allotment of plot under 10% quota reserved for Federal Government servants, but he being deputationist could not claim allotment as employee of the Authority---Such decision of Board considering deputationists to be having equal status of regular employees of the Authority was a door of corruption and was not backed by the Constitution---High Court dismissed constitutional petition in circumstances. THIS ORDER PASSED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE:---.--- Through this single order W.P. Nos.607 and 561 of 2013 are being disposed of together involving common question of law and facts. Petitioners invoked the constitutional jurisdiction of this court by way of filing instant petitions with the following prayer:-- "That for the reasons afore-cited, it is humbly prayed that upon acceptance of this writ petition, the petitioners may graciously be declared entitled to the allotment of plots as per balloting and respondents may graciously be directed to issue offer and allotment letters in favour of the petitioners. Any other relief deemed fit in the circumstances and not specifically prayed for may also graciously be awarded. AND presented the facts as under:-- WRIT PETITION NO.561 OF 2013 Petitioner was posted on deputation in CDA as Director Land and Rehabilitation on 11th Nov. 2011 and served in CDA on deputation until 27th Nov.…

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