Law: Constitution of Pakistan, 1973

Section:

Allotment-------Allotment of plot, cancellation of---Delay in seeking remedy---Limitation--Petitioner/Capital Development Authority cancelled allotment of plot in question which was made in the year 1981---Federal Ombudsman and Appellate Authority decided complaint and appeal in favour of respondent/allottee and had set aside order passed by petitioner/CDA---Validity---Delay defeats equity and equity leans in favour of a vigilant litigant---Law of limitation is not considered a mere formality and is required to be observed as being mandatory in nature---Lapse of time creates rights in favour of other party and therefore burdens the party which fails to act within stipulated time to demonstrate sufficient and satisfactory cause/reason for delay regarding each day---Person may have an enforceable right, but if he/she fails to enforce such right within time stipulated by law, then such right becomes unenforceable---Grant of license to use plot in question for purpose for which it was allotted did not confer absolute vested right---Agreement to lease was subject to fulfillment of conditions mentioned therein and completion of project, and was revocable as agreed by respondent/allottee in the agreement--High Court set aside the orders passed by Federal Ombudsman and Appellate Authority---Constitutional petition was allowed, in circumstances.Syed Shujaat Hussain v. Capital Development Authority through Chairman, Islamabad and another PLD 2012 Islamabad 13; Board of Secondary Education through authorized officer v. Provincial Ombudsman of Sindh and 2 others 2019 CLC 1531; State Life Insurance Corporation of Pakistan v. Wafaqi Mohtasib, Federal Ombudsman Secretariat, Islamabad and another 2000 CLC 1593; Pakistan Railways through General Manager, Railway Headquarters Office, Lahore v. Abdul Bari Khan and others PLD 2004 SC 127; Mrs. Anisa Rehman v. PIAC and others 1994 SCMR 2232; Muhammad Ayub Khan Tanoli v. Secretary of Industries, Government of N.W.F.P., Peshawar and 3 others 2004 CLC 1500; Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973; Pakistan through the Secretary, Ministry of Finance v. Muhammad…