Law:

Section:

(a) Capital Development Authority Ordinance (XXII of 1960)-- ----Ss. 2(K) & 30(1)--Constitution of Pakistan (1973), Art. 203-D---Provisions of Ss. 2(K) & 30(1), Capital Development Authority Ordinance, 1960 being repugnant to Injunctions of Islam, required amendments were directed by Federal Shariat Court to be made in the said provisions. When the Authority under the Capital Development Ordinance acquires land without consent of the owner, by operation of law, it acquires at a cheaper price at the rate much before the date of acquisition but when it sells the same to the people for building houses ctc., it sells them at a much higher rate and, perhaps, earns profits by those transactions by raising its price at intervals e.g. from rupees fourteen to hundreds of rupees per square yard, of course, after developing the land. Section 2(K) of the Capital Development Authority Ordinance, 1960, therefore, is extremely arbitrary for the reason that the "market value" should have relation to the value prevailing at the time of acquisition and not any national value fixed in relation to the time when even question of acquisition did not rise. The Federal Shariat Court, therefore, declared section 2(K) of the said ordinance as repugnant to the Holy Qur'an and Sunnah. It was directed that the provision of section 2(K) of the said Ordinance be amended for the reason that the market value should have relation to the value prevailing at the time of acquisition, with generosity in purchase price, keeping in view the tradition of the Holy Prophet (|S.A.W.W). As a natural consequence of the above finding with regard to section 2(K) of the said Ordinance, section 30(1) of the said Ordinance would also undergo an amendment and after the words "market value" of the land the words "as on the date of order under section 25" would be added. The above direction was ordered to be complied with within a period of six months from date of order failing which the said provisions of law shall cease to be effective, after six months from 23rd February, 1992. Islamic Republic of Pakistan is not entitled to fix the price of the land in question without taking into account natural law…

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