Case Details

Citation(s)
2012 SLG 2703 2012 SLD 2703 2012 YLR 2889
Islamabad High Court
Writ Petition No. 513 of 2012, decided on 4th May, 2012
SHAUKAT AZIZ SIDDIQUI, J
Ch. Naeem Ali Gujar for Petitioner. M. Ramzan Chaudhry and M. Nazir Jawad for
Respondents. Capt. (Retd) Farid-ud-Din, Director (L&R) CDA

MASKEEN SULTAN

VS

CDA through Chairman

Law:

Section:

Capital Development Authority Ordinance (XXIII of 1960)--- ----S.22--Constitution of Pakistan, Art.199--Constitutional petition---Refusal of Capital Development Authority (CDA) to allot plot to petitioner in lieu of acquisition of his property on ground that he having less than 300 square feet of BUP was not entitled to allotment of plot---Validity---Petitioner in another case having BUP measuring 282 square feet was held by Supreme Court to be entitled to allotment of plot---Capital Development Authority had acquired petitioner's property about half a century ago---Nobody could believe that CDA would deprive affectees from their accrued vested rights---High Court while deprecating such illegal and corrupt practices of Capital Development Authority directed to allot plot to petitioner within specified time. ORDER SHAUKAT AZIZ SIDDIQUI, J.---Petitioner's residential house measuring 293 Sq. ft. (BUP) situated in the Revenue Estate of Chahan, District, Islamabad was acquired by CDA in the year 1963, which fact is corroborated from the list of affectees, as name of petitioner figures at Sr. No.54. Grievance of petitioner is that, similarly placed persons, in lieu of their BUP have been allotted plots, whereas petitioner has been denied the same. 2. CDA admitted the acquisition of BUP of petitioner and the fact that no plot allotted to petitioner on the ground that affectees having less than 300 Sq. Ft. of BUP are not entitled to allotment of plot. Moreover, BUP of petitioner was outside from Abadi Deh, therefore, he was not considered as entitled to allotment of plot. I have heard the learned counsel of the parties at great length and perused the appended documents. 3. It is beyond the comprehension to believe that CDA would deprive the affectees from their accrued vested rights, regarding which Honourable Supreme Court, through judgment dated 30-3-2009 given in Civil Petition No: 1264 of 2008 has already approved order of (dissolved) IHC, dated 13-5-2008 passed in Writ Petition No.1521 of 2006, whereby petitioner…
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