Law: Federal Government Employees Housing Authority Act, 2020.

Section: 199

Law: Land Acquisition Act, 1894

Section:

Law: Capital Development Authority Ordinance, 1960

Section:

Law: Constitution of Pakistan, 1973

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of the High Court---Scope---High Courts do not have suo motu jurisdiction and as such the constitutional scheme never intended to confer such powers on the High Courts---High Court cannot assume suo motu jurisdiction by overreaching or overstretching its constitutional limits.Sadiq Poultry (Pvt.) Ltd. v. Government of Khyber Pakhtunkhwa PLD 2023 SC 236; Mian Irfan Bashir v. Deputy Commissioner, Lahore PLD 2021 SC 571; Raja Muhammad Nadeem v. The State PLD 2020 SC 282; Jahanzaib Malik v. Balochistan Public Procurement Regulatory Authority 2018 SCMR 414; Imran Khattak v. Sofia Waqar Khattak 2014 SCMR 122; Mian Muhammad Nawaz Sharif v. Muhammad Habib Wahab Al-Khairi 2000 SCMR 1046; Abdullah Jumani v. Province of Sindh 2024 SCMR 1258 and Akhtar Abbas v. Nayyar Hussain 1982 SCMR 549 ref.(b) Jurisdiction-------Principle---It is constitutionally impermissible for the courts to expand and enlarge their jurisdictional domain, which is neither allowed by the Constitution nor by the law.(c) Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of the High Court---Judicial review--Scope---High Court cannot grant a relief, which is not even sought in the petition--Gateway to invoke judicial review of the High Court is only when there is an application or appeal by the aggrieved or affected party---In the absence of any such application, the High Court may enter into the domain of judicial overreach, which is the exercise of power without any legal basis and the same falls within the ambit of interference and encroachment on the legislative and executive domain--Consequently, such absolute judicial expansionism offends the principle of separation of powers.Taufiq Asif v. General (Retd.) Pervez Musharraf PLD 2024 SC 610 and Akhtar Abbas v. Nayyar Hussain 1982 SCMR 549 ref.(d) Appeal-------Principle---An appeal is the continuation of the same proceedings that allows the appellate court to consider all those aspects which were even challenged before the forum of the first instance.(e) Constitution of Pakistan-------Art. 10A---Fair trial and due process---Right to be heard---'Audi alteram…

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