Case Details

Citation(s)
1973 SLD 3090 = 1973 PLD 302
Court of Special Judge, Karachi
Constitutional Petitions Nos. 180 and 181-of 1972, decided on 13th September 1972.
Presented By:  Tufail Ali A. Rahman, C J
Fazal Din v. Lahore Improvement Trust P L D 1969 S C 223 considered. Obaidur Rehman for Appellant. Shamsul Haq Memon for
Respondent.

ANSAR AHMAD-Petitioner

VERSUS

KARACHI DEVELOPMENT AUTHORITY THROUGH ITS DIRECTOR-GENERAL, KARACHI-Respondent

Law: Karachi Development Authority (Disposal of Land and Estates) Rules, 1971

Section: 2(1)

(a) Karachi Development Authority (Disposal of Land) Rules. 1971 R. 2(1) [Sub-rule (1) has been wrongly numbered as sub-rule (2)] (ii)(a)-Clause (a) contemplates two classes of em ployees: (i) employees of Sind Government and (ii) those of statutory corporations etc.- Statutory corporations etc. are qualified by words "under the administrative control of Sind Government"-Karachi Port Trust is a statutory corporation but not one "under the administrative control of Sind Government" and therefore, not a statutory corporation as contemplated in cl. (a). (b) Natural justice, principles of Opportunity of hearing -There must be some right of which a person is sought to be deprived, before he could claim benefit of show-cause notice. Date of hearing: 31st August 1972.                                                                                                                           JUDGMENT These two petitions question the legality of an order dated the 20th of April 1972, whereby the respondent, namely, the Karachi Development Authority, rejected the applications of the petitioners for one plot each in respect of which, what is. described as, an allotment had already been made In their favour. The questions involved in these two petitions were identical and the same learned counsel appeared for the petitioner in each of them and we have accordingly heard these together and propose to dispose of them by a common judgment. 2. The facts in each case are not in dispute and the controversy between the parties is upon pure questions of law. In about September 1971, the respondent invited applications for allotment of plots in various residential schemes that it had 9n hand, but we are concerned in the present cases, with only one of them, namely, the one in North Karachi. For each scheme certain quotas had been fixed for certain classes and forms…
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