Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- -----Art. 199---Writ of mandamus, issuance of---Petitioners had alleged that they had deposited huge amount with the Authority long ago for allotment of land to them but planning of Scheme and other formalities for allotment were not being finalized---When the Development Authority transferred the land in question to the concerned Authority, petitioners were found not entitled to allotment/lease of land in question---Petitioners had indicated that they would be contented with refund of amount deposited by them--Despite matter with regard to refund of amount to petitioner was decided, but refund had not been made---Such type of in­action was ridiculous on part of the Authority to usurp money of citizens kept in trust and keep on refusing payment of acknowledged liability occurring more than sixteen years ago despite several orders of High Court in that behalf---Official Assignee of High Court was directed to attach immovable properties of the Authority unless a cheque was deposited in Court within specified -period---If the deposit was not made within specified period, order of attachment would become effective immediately and Authority would also be further liable to pay compensation at the rate of 14% per annum for any delayed payment of amount. ORDER The petitioners had approached this Court contending that they had deposited an amount of Rs.1.00 million for allotment of 50 acres of land way back in 1987 but the planning of the scheme and other formalities for allotment were not being finalized. Having waited in vain for several years they approached this Court seeking directions that the land be allotted. Subsequently, however, it appeared that the respondent No.2 had transferred the land to respondent No.3 and consequently the petitioners amended the petition impleading respondent No.3 and seeking a direction regarding finalization of the scheme within a specified time. The respondent No.2 in their parawise comments have admitted receipt of the amount stated to have been deposited as "earnest money" but claimed that the petitioners were not entitled to lease of the land. It appears that in the circumstances the petitioners…

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