Law:

Section:

(a) Karachi Development Authority Order (P.O.V of 1957)-----   ---Art.131(1)---Disposal of Lands and Estates Regulations, Regln.23 Law Reforms Ordinance (XII of 1972), S.3--Intra-Court-Appeal---Adjacent land Entitlement to allotment---Precondition of prior notice of suit against Authority-- Object and scope---Plaintiff was owner of plot adjacent to the disputed piece of land for which he applied to Karachi Development Authority for its allotment-- Authority declined to allot the plot to the plaintiff` on the ground that the same was reserved for some other purpose-- Subsequently, on the direction of Chief Minister, the disputed piece of land was carved into a residential plot and the same was allotted to the defendant---Plea raised by the Authority was that the plaintiff had not given notice was required under Art. 131 of Karachi Development Authority Order, 1957---Validity---Object of prior notice under Art.131(1) of Karachi Development Authority Order, 1957, was only to enable the Authority to rectify its mistakes before embroiling itself in litigation---Once a notice had been served, there was no need to serve fresh notices before institution of any proceedings founded upon the same cause of action---Provisions requiring notice to a party as, precondition for initiating proceedings had to be liberally construed---Different construction of Art. 131(1) of Karachi Development Authority Order, 1957, would amount to make a fetish of a technicality---Scheme in which the suit-land was situated, as it originally stood did not provide any plot of area as of the disputed piece of land, therefore, it did not fulfill one of the material ingredients of Regln.23 of Disposal of Lands and Estates Regulations-- Allotment was made on the direction of the then Chief Minister, after assurance of the Authority to the plaintiff that the disputed piece of land would not be allotted either to him or to any other person-- Law did not recognize the allotment as the same was the domain of either of the Allotment Committee or the Governing Body of Karachi Development Authority to allot the land---Neither the Chief Minister nor Provincial Government were empowered under Karachi…