Law:

Section:

(a). Public interest litigation- --- Concept --- All actions of public functionaries must be supported by contemporaneous law---Any order or instruction given without statutory backing, would be without lawful authority --- Where various instructions were issued by public functionaries viz. Commissioner, Deputy Commissioner etc. to the Registrar not to register any deed relating to alienation of any urban immovable property, without the production of 'no-objection certificate' by vendor from the concerned committee/corporation and from the Excise and Taxation Department and also not to register any sale-deed without production of "no-objection certificate" from the Development Authority of the concerned area regarding the acceptance of their development schemes and also prohibiting attestation of mutation or registration of sale-deed of agricultural land without the approval of the Government and directing the Registrar not to register any sale-deed in respect of urban immovable property, sale price of which was less than the standard sale price fixed by the Deputy Commissioner for different localities, High Court in its revisional jurisdiction held that all these instructions' were issued without lawful authority as said public functionaries bad no legal backing to issue them --- Implication of development of new concept of public litigation discussed --- Registration Act (XVI of 1908), S. 17. (b) Constitution of Pakistan (1973)--- ---- Art. 199 --- One can invoke Constitutional jurisdiction of superior Courts even if he is not an aggrieved party under the new concept of public interest litigation. Acts of functionaries are challengeable before the Civil Courts by invoking their ordinary civil jurisdiction and before the superior Courts by invoking their extraordinary Constitutional jurisdiction. With the development of new concept of public interest litigation in the recent years, a person can now invoke the Constitutional jurisdiction of the superior Courts even if he is not an aggrieved party. Therefore, they may be able to save their illegal instructions, directions or orders from being successfully challenged in the Civil Courts so long as they operate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492