Law: Constitution of Pakistan, 1973

Section: 4, 199

Law: General Clauses Act, 1897

Section: 24-A

Constitution of Pakistan, 1973-- ----Arts. 4 & 199--General Clauses Act, 1897 (X of 1897), S. 24-A--District Housing Committee (Cancellation of Plot)--Writ Petition--Appeal before DCO--Allowed; allotment restored--Appeal before Secretary Housing--Writ Petition--Reasonableness--Fairness--Due Process--Natural Justice--Good Faith--Cancellation of Plot Allotment--Misuse of Authority--Judicial Review--Compliance with Court Directions--It was a settled proposition of law that exercise of powers by public authorities was circumscribed not only by constitutional mandate contained in Article 4 of Constitution of Islamic Republic of Pakistan, 1973, which ensured that every citizen should be dealt with in accordance with law, but also by statutory requirement embodied in Section 24-A of General Clauses Act, 1897--Said provision obligated that where any authority was conferred with power to make a decision, issue directions, or take action, such power had to be exercised reasonably, fairly, justly, and for advancement of purposes of enactment--It was further well-established that right to be treated in accordance with law encompassed principles of due process and natural justice, which required that no adverse action affecting rights of a person should be taken without affording a fair opportunity of hearing--Public functionaries were duty bound to perform their functions in good faith and within limits prescribed by law so as to ensure equal and fair treatment--Record appended with this petition negated grounds made basis for cancellation of allotment of plot--It could be seen with naked eye that this was a clear case of misuse of authority by Government functionaries, whereby respondent had been dragged into prolonged and unnecessary litigation--It was held that cumulative effect of constitutional and statutory principles was that any administrative action which was arbitrary, unreasonable, taken without lawful authority, or in violation of due process could not sustain in law and was liable to be set aside--Petition dismissed.…