| Citation(s) |
|---|
| 1996 SLG 1286 1996 SLD 1286 1996 CLC 408 |
Sindh High Court
Constitutional Petition No. D-178 of 1995, decision dated: 19-04-1995
ABDUL RAHIM KAZI AND GHOUS MUHAMMAD, JJ
Abdul Salam Qureshi for Petitioners. Masood Ali for
Respondents
Constitutional Petition No. D-178 of 1995, decision dated: 19-04-1995
ABDUL RAHIM KAZI AND GHOUS MUHAMMAD, JJ
Abdul Salam Qureshi for Petitioners. Masood Ali for
Respondents
MUHAMMAD JAMAAL SHIKOH and 7 others
VS
DIRECTOR GENERAL, HYDERABAD DEVELOPMENT AUTHORITY and another
Law:
Section:
(a) Sindh Disposal of Plots Ordinance (VII of 1980)-------S. 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Allotment of plots (State land) for joint venture schemes---Petitioners claiming to be allottees of such plots by the Chief Minister seeking implementation of orders of Chief Minister---Entitlement---Petitioners had not been issued any allotment order so far and they were basing their claim on correspondence exchanged and summaries prepared by respondents (official) for perusal and approval of Chief Minister---Nothing had been given in writing to petitioners by respondents to, convey them any decision taken by Competent Authority---Any decision or order, even if had been made on official files, till such time same was conveyed to petitioners, would not confer any right on them for seeking relief---Facts indicated that petitioners seemingly in league and collusion with subordinate concerned functionaries had managed to obtain official documents and by suppression of facts also succeeded in seeking endorsement of "approval" from concerned Minister and Chief Minister---Government as well as concerned local authorities had every right to dispose of State land or to impose ban in accordance with law---In absence of any valid communication to petitioners, or issuance of allotment order, no legal right had accrued to them---Petitioners were, thus, not entitled to relief claimed by them. Jamal Shah v. Azad Government of State of Jammu and Kashmir and 7 others 1991 MLD 1243 and Muhammad Farooq H. Memon, Advocate v. Government of Sindh 1986 CLC 1403 ref. (b) Administration of justice--- ---- Party to lis must succeed on the strength and merit of its own case. ORDER The dispute relates to allotment of plots situate in the Qasimabad Housing Scheme Phase I & II under Hyderabad Development, Authority. According to the petitioners 17 applicants including the petitioners were allotted plots by then Chief Minister Sindh by relaxation of the provisions of section 15 of the Sindh Disposal of Plots Ordinance, 1980 (hereinafter referred to as the Ordinance) section 15 of the Ordinance reads as under: "any provision contained in this Ordinance…
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