Law: Pakistan Defence Officers Housing Authority Order (7 of 1980)

Section: 17(h)

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Defence Officers Housing Authority Order [P.O. 7 of 1980]-------Art. 17(h)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Cancellation of plot under Art.17(h) of Pakistan Defence Officers Housing Authority Order, 1980---Locus poenitentiae, principle of---Applicability---Bye-laws of the Society provided that only the Managing Committee could make allotment of the plot to the petitioner provided he was a member of the society or there were special circumstances in his favour---Minutes Book of the proceedings of the Managing Committee for the year of allotment completely erased the basis for allotment of plot in favour of the petitioner---Petitioner had failed to produce a valid and proper order of the Managing Committee of the Society whereby a decision to allot the plot in question in his favour was made---Facts and circumstances lent support to the contention of the Society that the allotment letter to the petitioner was a fraudulent, bogus and illegal letter issued by the then Secretary of the Society who, allegedly, was found involved in grave and serious practice of fraudulent, bogus, illegal and mala fide allotments of the plots in favour of several persons including the petitioner---Special circumstances/case on the basis of which the petitioner claimed entitlement to allotment of a plot did not exist and there was hardly any ground for the society to allot him the said plot---Contention of the petitioner was that since allotment had been acted upon as the petitioner had made payments of the total sum as demanded by the society from time to time followed by "A" lease in his favour, the same could not be recalled, rescinded or cancelled in view of the principle of locus poenitentiae---Validity---Held, principle of locus poenitentiae was applicable if the order on the basis of which certain rights and privileges were claimed was a legal order and further that perpetual rights could not be acquired or gained on the basis of an illegal order---Allotment order being not a legal, valid and bona fide order as the very basis thereof i.e. meeting of the Managing Committee of the Society wherein the decision was purportedly taken to…