| Citation(s) |
|---|
| 1996 SLG 1210 1996 SLD 1210 1996 SCMR 755 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 737-L of 1995, decision dated: 10-01-1996
MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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Civil Petition for Special Leave to Appeal No. 737-L of 1995, decision dated: 10-01-1996
MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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FAIZ KARIM
VS
MULTAN DEVELOPMENT AUTHORITY through Director General and others
Law:
Section:
Punjab Development of Cities Act (XIX of 1976)--S. 4(4)---Constitution of Pakistan (1973), Art. 185(3)---Cancellation of original allotment for non-fulfilment of terms of allotment---Plot comprising original allotment was bifurcated after cancellation and part thereof was allotted to petitioner who made full payment to Authority and took possession of the plot---Cancellation of petitioner's allotment on the instruction of Chief Minister---Validity---Leave to appeal was granted to consider whether petitioner had a right to be heard before the allotment of his plot had been cancelled by respondent; whether High Court was correct to hold that it was not necessary to hear petitioner before the order of cancellation of plot was passed; whether award given by Arbitrator having not been made rule of the Court, had got any legal value; and whether Authority constituted under .S.4(4), Punjab Development of Cities Act, 1976, was competent to order allotment/cancellation of plot falling within the jurisdiction of concerned Development Authority and not the Chief Minister. Sh. Muhammad Shafi v. The Lahore Improvement Trust PLD 1959 Lah. 1 ref. Ch. Mushtaq Masood, Advocate Supreme Court with Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for Respondents Nos. 1 to 4. Mian Zafar Yasin, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Respondent No.5. Date of hearing: 10th January, 1996. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This petition for special leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, Multan, by which Intra-Court Appeal filed by the petitioner against the order of a learned Single Judge of that High Court was dismissed on 27-3-1995. 2. The brief facts forming the background of this petition are that in the early fifty's the Multan Improvement Trust, Multan introduced a Housing Scheme called as Officers Colony. The management of the Scheme including right of allotment of its plots was entrusted to a registered Society named as Government Gazetted Officers House Building Society Limited, Multan. Sardar Atta Muhammad Khan Leghari since dead and represented by Mst. Fatima Ires Begum and 3…
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