Case Details

Citation(s)
1969 SLG 300 1969 SLD 300 1969 SCMR 667
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-121 of 1968, -decided on 21st May 1969
HAMOODUR RAHMAN, C.J. AND ABDUS SATTAR, J

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ALHILAL COOPERATIVE HOUSING SOCIETYÂ er

VS

Karachi High Court DEVELOPMENT AUTHORITY--Respondent

Law:

Section:

Karachi Development Authority Order------[President's Order No. 5 of 1957), Art. 50-Commitment made by Government to allot additional land to a Housing Society-K. D. A. on merge, of Karachi with West Pakistan deciding not to allot any land n, any Co-operative Society because of unhappy experience in past of such allotment-Government also approving decision and by means of notification issuing directive in this behalf-Held: Housing Society, in circumstances, had acquired no legal or vested right to allotment of additional area: Works Co-operative Housing Society v. The Karachi Develop­ment Authority Civil Appeal. No, 13 of 1968 distinguished. Muhammad Akram, Advocate Supreme Court instructed by, K A. Ghani, Attorney for Appellant. Nemo for Respondent, Date of hearing :21st May 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special' leave to appeal from an order or a Division Bench of they' High Court of West Pakistan, Karachi, dismissing a petition under: Article 98 of the Constitution. The petitioner Society was, on its application made on, the 24th May 1951, for 100 acres of land for a housing scheme, in 1956-57, allotted only 40 acres of land on the Country Club, Road. Thereafter, the Karachi Development Authority submitted its Town Extension Scheme No. 24 to the Government of Pakistan regarding the lands situated along the Country Club Road, adjacent to the lands of the petitioner Society. In this Scheme' the Karachi Development Authority also proposed to two Housing Societies including the petitioner' Society. The Government of Pakistan, by its letter No. F-3-8/60' DHS, dated the 14th June 1963, approved the Scheme subject to certain conditions which inter alia, contained the following:- "The following commitments of the Centre may also be ­kept in view and accommodated as far as practicable while imple­menting the Scheme:- 1. ----------------------- 2 ----------------------- 3. ----------------------- 4. Additional land for Al-Hilal (Co-operative Housing­ Society adjacent to the society land 65 acres. 5. Works Co-operative Housing Society the land originally reserved for police headquarters, i.e. Blocks 8 and 9." The Government of West…
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