Law:

Section: 179,180,181(6),178A,184,273

Law:

Section: 179,180,181(6),178A,184,273

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.15,O.XLIII,R.3

Cantonments Act (II of 1924)-------Ss. 178-A, 179, 180, 181(6) & 273---Civil Procedure Code (V of 1908), O.XLIII, R.3---Constitution of Pakistan, Art.199---Constitutional petition---Building plan---Statutory notice, non-issuance of---Appearance of counsel of Cantonment Board---Effect---Cantonment Board issued notice to petitioner company to demolish construction alleged to have been raised unauthorizedly---Petitioner contended that it had submitted all required documents and the Board had informed that offence of unauthorized construction had been compounded subject to payment of composition fee---Plea raised by the Cantonment Board was that construction raised prior to issuance of the notice was illegal and the same was liable to be demolished, further contended that petition was not maintainable as no prior notice under S.273 of Cantonments Act, 1924, had been issued by petitioner---Validity---Prior notice under section 273 of Cantonments Act, 1924, was synonymous to the provisions of O.XLIII, R. 3 C.P.C. and the latter mentioned provisions of law required sending of a notice before presenting an appeal against an order---If respondent or defendant in case of any such omission opted to appear in court of law, such appearance would amount to waiver of the notice---Any omission in verification of pleadings was rectifiable and the cause could not be quashed on account of the omission to verify pleadings at the foot---After receipt of first notice and elapse of one month and after elapse of 15 days more, the Cantonment Board was deemed to have given sanction to erection or re-erection of the building and that too unconditionally---Amount for composition of any offence if committed had to be fixed at a level that could discourage repetition of the offence and could not be fixed at such an exorbitant rate to facilitate local council to amass the wealth and to make fortune---Notice in question issued by the Board was illegal and the same was set aside resultantly the building plan after elapse of 30 days and 15 more days of receipt of first notice was declared to have been sanctioned by the Board unconditionally---Petition was allowed in circumstances. State…

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