Law:

Section:

  Notification--- ----Notification, circular or executive order could not operate retrospectively to impair existing rights or to affect an order of competent Authority even if such notification, circular or executive, order be expressly so designed. Shahbaz v. The Crown PLD 1956 F.C. 46; Lt.-Col. G.L. Battacharya v. The State and others PLD 1964 SC 503 and Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 ref. Sindh Buildings Control Ordinance (V of 1979)--- --S. 7--Constitution of Pakistan (1973), Art. 199---Approval of building plan subject to payment of composition fee and other prescribed fee---Such fee was deposited by petitioner---Approval of plan had, thus, taken legal effect and in pursuance thereof, certain rights had been created in favour of petitioner-- Approval of plan could not subsequently be withdrawn or rescinded to the detriment of plaintiffs' rights by any notification, circular or executive order-- Any notification, circular or executive order could not operate retrospectively to impair any existing right---Order canceling approved plan was declared to be without lawful authority and of no legal effect.   Muhammad Sharif for Petitioner. Muhammad Iqbal Memon for Respondent No.1. AA. Muhammadally, AA.-G. Date of hearing: 30th November, 1992. JUDGMENT SYED HAIDER ALI PIRZADA, J---The petitioners through this petition have claimed the following reliefs:-- Declare the order dated 3-8-1988 as of without lawful authority and of no legal effect. That the orders of Government of sindh dated 13-7-1988 as contained in Annexure `A' filed with the counter-affidavit of respondent No.1 are without lawful authority and of no legal effect. Prohibit and restrain the respondents from interfering with the construction of additional storey at S.N.C.C. 3/4, Block-3, Shaheed-e Millat Road, Karachi, themselves or through any agency or in any manner whatsoever. Any other relief which this Hon'ble Court deems fit and proper in the circumstances of the case. Cost of the petition." The, facts leading to the filing of the above petition are that the petitioners are constructing a hospital at S.N.C.C. 4/4,…