Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.25---'Equality' and 'arbitrariness'---Distinction---Similar treatment--Principle---Concept of equality is negation of arbitrariness---Every power has its extent and legal limits---Exercise of such power should be based on fairness and reasonableness---Persons in similar circumstances should have similar treatment, unless differentiation is based upon valid classification, which should not have taint of arbitrariness and that is the hallmark of ideal dispensation of justice. Justice (R) Fazal Karim at page-871 of Judicial Review of Public Actions rel. (b) Protection of Economic Reforms Act (XII of 1992)--- ----Ss.4 & 8---Constitution of Pakistan (1973), Arts.23, 24, 25 & 199---Constitutional petition---Investment by foreign national Pakistani---Protection of Economic Reforms Act, 1992---Scope---Right to acquire property-Discrimination-Legitimate expectancy, principle of---Applicability---Petitioner being Pakistani was settled abroad and had acquired foreign nationality also---Petitioner invested in Pakistan through foreign exchange remitted from abroad and purchased lands, which lands were acquired by authorities to be included in a housing scheme---Grievance of petitioner was that his land could not be acquired due to protection available to him under Protection of Economic Reforms Act, 1992---Petitioner also contended that authorities had exempted many lands owned by other persons but did not exempt his lands---Validity---Even if it be assumed that all owners of lands could not be treated similarly for any reason, petitioner would still be on better footing having brought in foreign exchange, in claiming exclusion of his land, which was purchased by him, from his foreign remittances---Petitioner was clamouring and craving for exclusion of his piece of property, which was not so large as may be likely to in any way disturb the plan, effectiveness and utility of the housing scheme---Previously as well when the property of petitioner was acquired for some other housing scheme, it was excluded; it could not be again acquired for a similar purpose as on such exclusion petitioner had earned a right to hold the…

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