Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 36(3),36(1)

Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 36(3),36(1)

Capital Development Authority Ordinance (XXIII of 1960)-------S. 36(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Review proceedings---Dispute regarding acquisition of land was finally decided by Supreme Court and direction was issued to the authorities to pay compensation to affectees---Authorities had paid compensation to some of the affectees, when all of a sudden Deputy Commissioner, Capital Development Authority, initiated suo motu review proceedings under S. 36 (3) of Capital Development Authority Ordinance, 1960, and excluded the names of certain landowners---Respondent/Commissioner Capital Development Authority, allowed appeal filed by aggrieved landowners and set aside the order passed under suo motu powers by Deputy Commissioner---Validity---After receiving the reports, Deputy Commissioner, a functionary under Capital Development Authority Ordinance, 1960, himself visited the site and inspected existence of houses and structures and thereafter according to the policy of Capital Development Authority, affectees opted to remove Malba of buildings subject to deduction of 15% of the value of houses---After the observations of Supreme Court, Authorities had acted with mala fide intention to further delay legitimate payment of compensation which was not justified on any legal or moral ground---When the awards were adjudged valid and proper by Supreme Court, the Deputy Commissioner, Capital Development Authority was not empowered to exclude names of affectees from the award while exercising powers of suo motu review---High Court in exercise of Constitutional jurisdiction, declined to interfere with the order passed by respondent/ Commissioner Capital Development Authority---Petition was dismissed in circumstances. Barrister Masroor Shah and M.A. Siddiqui for Petitioner. Muhammad Ramzan for Respondent No.1. Ashfaq Ali Raja for private Respondents. Date of hearing: 3rd June, 2008. JUDGMENT SYED QALB-I-HASSAN, J.--- This judgment will dispose of Writ Petition No.1511 of 2003, Writ Petition No.3074 of 2003 and Writ Petition No.3076 filed by the Capital Development Authority, Islamabad to call in question the order of Deputy…

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