Law: Martial Law Order, 1977

Section: 34

(a) Martial Law Order, 1977 [M. L. A. Zone 'C'J No. 34Alternative remedyImpugned order under M. L. O. 34 stating that petitioner "may make a representation to Martial Law Authorities" but no provision for such representation made in M. L. O. 34No alternative remedy, held, available in law to petitionerConstitution of Pakistan (1973), Art. 199. (b) Martial Law Order, 1977 (M. L. A. Zone 'C'1 No. 34Amenity plot allotted to petitioner on fulfilment of certain conditions and converted into residential plot on permission from Central Government authorised to allow such conversionConversion of plot into residential plot, held, authorised and impugned order cancelling allotment of plot to petitioner not warranted. Dates of hearing: 29th August; 20th October and 12th December, 1979.                                                                                                                   JUDGMENT FAKHRUDDIN G. EBRAHIM, J.This petition calls into question an order made by the Secretary to Government of Sind, Home Department under M. L. O. 34 which order reads as follows: "In terms of M. L. O. 34, the amenity plot No. 1/7A Block 6, P. E. C. H. Society allotted to Mr. Rehmatullah Shaikh stands cancelled and reverted to the authority (PECHS) in which it initially vested." In so far M. L. O 34 is concerned, it provides as under: "All allotments of the plots which were reserved for parks but were subsequently unauthorisedly . converted into residential plots and on which no construction has been made are hereby cancelled and the plots so cancelled shall be resumed by the authority in which the plots initially vested . . . "' 2. Mr. Ahmed Said Qureshi, learned counsel for the petitioner challenged the aforesaid order on the short ground that M. L. O. 34 is not attracted to the admitted facts of this case. The learned counsel pointed out…