Law:

Section:

(a) Karachi Development Authority Order (5 of 1957)-----Arts. 4, 50 & 51 read with Civil Procedure Code (V of 1908), 15 Enforcement of orders of Supreme Court Supreme Court in its defining obligation of petitioner authority to allot to respondent area of 350 acres approximately in Blocks 8 and 9 as then understood and mentioned in Government notification issued earlier Both under terms of original grant as also on inter¬pretation of Government's relevant notification directing Government's commitments to respondents Society to be kept in view and to pro¬vide respondent land originally reserved. For Police Headquarters, namely, Blocks 8 and 9, allotment of 350 acres, held, not meant to be absolute in such sense as to compel petitioner, to make up defi¬ciency from some other area. (b) Karachi Development Authority Order (5 of 1957) Arts. 4, 50 & 51 Costs Charges for land allotted Determination of Actual delivery of area allotted to respondent Society delayed due to shifting positions taken by petitioner from time to time and such positions not tenable Price and other charges payable by Society for land, held, to be governed by rates prevailing when allotment orders passed and not as prevailing on date of actual delivery of possession Inconsistent with equity, justice, and good conscience to saddle respondent with additional burden, for commissions and omissions of petitioner. JUDGMENT MUHAMMAD GUL, J. This petition is from the order of the High Court at Karachi, dated 13 8 1974 made in proceedings under Order XLV, rule 15 C. P. C. for the enforcement of judgment of this Court in Civil Appeal No. 368 of 1968 (Works Cooperative Housing Society and another v. Karachi Development Authority (PLD1969SC391), as clarified by a subsequent judgment dated 20 1 1969 and reported in P L D 1969 S C 430. The dispute between the parties dates back to the year 1959 60 when Karachi was the Federal Capital and administered directly by the Federal Government and arises out of an assurance given by the federal Government for the allotment: of land on a request by the Works Co operative Housing Society (hereinafter called the Society). The Federal Government rile letter dated…

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