Case Details

Citation(s)
1996 SLD 836 = 1996 CLC 1987
Lahore High Court
Writ Petition No.7409 of 1996, decided on 15th May, 1996.
Presented By: Before Munir A. Sheikh, J

M.D. TAHIR, ADVOCATE---Petitioner

VERSUS

FEDERAL GOVERNMENT through Secretary, Cabinet Division, Islamabad and another---Respondents

Law: Capital Development Authority Ordinance, 1960

Section: 49, 50 , 51

  Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 49, 50 & 51---Land Disposal in Islamabad Regulations, 1988, paras. 15, 18(c) & 19---Constitution of Pakistan (1973), Arts. 260(c), 268(7) & 173(5)-- Allotment of  land/plot  in  capital  area---Mode  of allotment---Lands/plots within limits of Capital area of Islamabad is governed by Capital Development Authority Ordinance, 1960 and Rules and Regulations framed thereunder-- Statutory Rules and Regulations as regards transfer etc. of State land, in terms of Arts. 260(c) & 268(7) of the Constitution have been declared to be the law for purpose of Art. 173(5) of the Constitution---Law, therefore, exists for dealing with State land within limits of capital area of Islamabad. Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 49, 50 & 51---Land Disposal in Islamabad Regulations, 1988, paras. 15, 18(c) & 19---Constitution of Pakistan  (1973),  Art.  199---Constitutional petition---Allotment of public property to Parliamentarian at Islamabad-- Validity---Law presumes that an act was bona fide unless same was shown to have been taken with mala fide intention ---Mala fides cannot be presumed but has to be proved---If reservation of plots in Development Schemes for other groups or class of people, in particular   Advocates to which class petitioner belongs was not objected to and has been treated to be justifiable act, there was no reason to object to reservation of same to other class of people in the same manner---No interference in reservation of plots for Parliamentarians was warranted in circumstances. Islamic Jurisprudence--- ---- Faith---Muslim who preaches principles of Islam to others must himself first act on them, otherwise preaching of the same would be of no effect and credibility. Islamic Jurisprudence-- . ----Faith---Muslim should like the same treatment and think for others which he likes for himself---On such analogy if reservation of plots could be reserved for Advocates why such reservation be denied to Parliamentarians. Petitioner in person. ORDER In this Constitutional petition the petitioner…
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