Law: General Clauses Act, 1897

Section: 21

  General Clauses Act (X of 1897) ----S.                 21---Locus                 poenitentiae,                 principle of---Applicability---Authority competent to make order has power to undo same but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual---Authority can exercise the power of modification and under provisions of S.21 of General Clauses Act, 1897, the principle of locus poenitentiae will be available. Army Welfare Sugar Mills Ltd. v. Federation of Pakistan 1992 SCMR 1652 and Al-Samrez Enterprise v. Federation of Pakistan 1986 SCMR 1'917 ref. Constitution of Pakistan (1973)-- ----Art. 199---Constitutional petition---Cancellation of allotment of a commercial plot after 18 years---Petitioner was a civilian officer in the Ministry of Defence and was a member of Housing Society---Two plots, one residential and other commercial were allotted to the petitioner by the society in the years 1967 and 1975 respectively---Allotment of commercial plot to petitioner was cancelled after 18 years---Validity---When society was convinced with justness and reasonable cause was shown by the petitioner with regard to the residential plot, similar consideration, in all fairness, should have weighed with the society who could not be permitted to approbate and reprobate at one and the same time---By allotment of a commercial plot in favour of the petitioner, who had acted upon same by making compliance with all demands from the society from time to time; a valuable right had accrued to him which could not be   lightly interfered with---Cancellation of allotment of plot was illegal in circumstances. Zohra v. Government of Sindh PLD 1996 Kar. 1; Noor Muhammad v. Karachi Development Authority . PLD 1975 Kar. 373; Kamaluddin Ansari v. Director, Excise and Taxation PLD 1971 SC 114 and Muhammad Mustaqim Khan v. P.E.C.H. Society PLD 1985 Kar. 326…