Case Details

Citation(s)
2013 SLG 856 2013 SLD 856 2013 CLC 1566
Lahore High Court
Writ Petition No.17290 of 2012 and C.M. No.1 of 2013, decision dated: 2-07-2013
UMAR ATA BANDIAL, C.J.

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Mst. SHAHIDA MOHSIN

VS

CHIEF SECRETARY GOVERNMENT OF PUNJAB and others

Law: Punjab Government Servants Housing Foundation Rules, 2005

Section: 23,22(a)

Law: Punjab Government Servants Housing Foundation Rules, 2005

Section: 23,22(a)

Law: Punjab Government Servants Housing Foundation Act, 2004

Section: 3

(a) Punjab Government Servants Housing Foundation Rules, 2005-------Rr. 23 & 22---Punjab Government Servants Housing Foundation Act (X of 2004), S.3---Constitution of Pakistan, Art.199---Constitutional petition---Housing Foundation---Allotment of house/accommodation at subsidized price to members of Housing Foundation--- Default in payment, effect of--- Cancellation of allotment---Petitioner was allotted a house by the Housing Foundation, however, upon the petitioner's failure to make the due payment, the petitioner's allotment was cancelled and the same house was allotted to another member of the Housing Foundation---Contention of the petitioner was that in other similar cases, High Court had granted relief to defaulting civil servants upon payment of additional charges, therefore, the petitioner be given the same relief---Validity---Relief granted to other defaulting allottees was in cases where the property had not been re-allotted, and such cases were therefore, different---Eligibility and entitlement of the petitioner to be given a residential accommodation upon allotment at a subsidized rate, however, still survived and at best the petitioner could be faulted for not making the requisite payment on time for which she was willing to deposit additional markup---High Court directed the Housing Foundation, that upon payment by petitioner for the price of the house available for allotment, the petitioner's name be placed in the queue of senior allottees so that the petitioner may be provided a House within a period of six to eight months---Constitutional petition was disposed of accordingly. (b) Punjab Government Servants Housing Foundation Rules, 2005--- -----R. 22(a) & proviso---Punjab Government Servants Housing Foundation Act (X of 2004), S.3---Constitution of Pakistan, Art. 199---Constitutional petition---Government Servants Housing Foundation---Conditions for allotment---House was allotted to the petitioner, which after default in payment by the petitioner was then re-allotted to another member of the Housing Foundation, who within a period of three months, sold the same to yet another member of the Housing Foundation---Contention of the…
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