Law:

Section:

Keywords: Dispute, Allotment Of Plot, Constitutional Petition, Confirmation, Constitution, Allotment, Orders, Petition, Order, Cancellation, Delivery Of Possession, Director, Constitution Of Pakistan, Possession, Retrospectively, Development Authority, High Court, Delivery, Petitioner, Policy Decision, Costs JUDGMENT MALIK MUHAMMAD QAYYUM, J:- The petitioner was allotted a plot bearing No.512 measuring 10 Marlas in Sabzazar Housing Scheme, vide allotment order No. DEM/LDA/AD-II1/1532 dated 11th July, 1990, It appears that the allotment of this plot was withdrawn and instead the petitioner was allotted plot No.560 in Block G/I measuring 10 Marlas in M.A. Johar Town Scheme by respondent No.2 vide order dated 16th August, 1990. The petitioner was called upon to deposit the price of the plot. There is no dispute that he has paid an amount of Rs.57,147/- on 31st August, 1990. The other formalities are also stated to have been fulfilled. 2. The petitioner applied for the delivery of possession, of the plot, but as the needful was not being done, he filed this constitutional petition praying that the respondents be directed to proceed further in the matter. 3. In the report and parawise comments filed by the respondents, it has been admitted that the plot in question was allotted to the petitioner but it has been stated that the Chief Minister on 27th January, 1991 had directed that the request of the petitioner for allotment of the plot be not entertained and as such the L.D.A, was not in a position to proceed further in the matter and that the amount deposit by the petitioner will be refunded to it in due course. 4. In support of this petition, learned counsel for the petitioner has relied upon the judgments of this Court in Writ Petition Nos. 5866/90 and 5867/90 holding that the allotment once made cannot be withdrawn/cancelled without granting an opportunity of being heard to the petitioner. The other contention of the learned counsel is that the policy decision referred in the order of the Chief Minister, cannot be made retrospectively applicable to the allotments made prior thereto. 5. It…

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