Law:

Section:

Pakistan Defence Officers' Cooperative Housing Authority Order [P.O. No.7 of 1980]------- Art. 17, proviso---Constitution of Pakistan (1973), Art.185(3)---Cancellation of allotment of commercial plot by the Executive Board of the Authority---Validity---Proviso to Article 17 of the Pakistan Defence Officers' Cooperative Housing Authority Order, 1980, had authorized Executive Board of the Authority to cancel allotment of a plot, which was made or issued in contravention of the bye-laws of the Society or resolution of the Managing Committee of the Society---Commercial plot, in the present case, was allotted to the respondent in consonance with the Regulations of the Authority and as a member duly enrolled with the Authority on account of his old membership with the erstwhile Society irrespective of the fact that at the time of actual allotment he was no longer working in Military Accounts Service and was posted by the Federal Government as Chairman of Government owned Corporation---Membership of the respondent having remained intact, there was hardly any question of cancellation of his allotment---Valuable right and interest had already accrued in favour of respondent and he did not cease to be the member of the Authority, as wrongly and erroneously understood by the officials of the Authority---Allotment of commercial plot in favour of the respondent, after full payment, had attained finality and it being a past and closed transaction, could not be reopened on imaginary and elusive consideration that at the time of allotment, he was not physically serving in Military Accounts Service and not receiving his emoluments from Defence budget/estimates---Right accrued in favour of a person could not be disturbed and destroyed by subsequent developments and once a person continued to he a lawful member of a Society or the Authority, he did not lose his right and interest in the property already accrued to him---No contravention of the bye-laws of the Society or the resolution of the Managing Committee was committed because the allotment in favour of the respondent took place long after the creation of the petitioner-Authority in normal course of business in a fair and,…

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