Law: Co-operative Societies Act, 1925

Section: 54

Law: Co-operative Societies Act, 1925

Section: 54

Law: Defence Housing Authority Lahore Order (26 of 2002)

Section: 18

(a) Defence Housing Authority Lahore Order (26 of 2002)--- ----Art. 18---Constitution of Pakistan (1973), Art.199---Constitutional petition---Using of residential premises for purpose of school for last 17 years---Conversion of Lahore Cantt. Cooperative Housing Society into Defence Housing Authority---Defence Housing Authority Lahore Order, 2002 prohibited use of residential property for any other purpose---Plea of allottee that Defence Housing Authority at relevant time had not objected to establishment of school thus, was estopped from removing school--Validity---Plea of promissory estoppel could not validate an illegal act for the future---Past commercial use by allottee of his house without authorization from the authority could be safeguarded against penal action---Such unauthorized user would constitute sufficient accommodation to allottee---Property would remain in ownership of allottee---Impugned action would not forfeit proprietary rights of allottee, rather was consistent with his proprietary rights and in furtherance of intent of By-laws of Defence Housing Authority-Estoppel pleaded by allottee would not create a legal bar---Relief claimed by allottee was against the statute and was illegal---High Court dismissed constitutional petition. (b) Estoppel--- ----Promissory estoppel, plea of---Such plea cannot validate an illegal act for the future. JUDGMENT UMAR ATA BANDIAL, J.---The petitioner opened a school in the year 1987 in a residential plot bearing No.19-E, Defence Housing Authority ("DHA"), Lahore. Learned counsel for the petitioner submits that the said property is owned by the petitioner who was encouraged to set up the school by the respondent DHA, which at the relevant time was a cooperative society registered under the Cooperative Societies Act, 1925. The petitioner claims to have invested a large sum of money to run the school which was not objected by the respondent society and that went on for a period of 2 years. In 1989 the petitioner received a notice from the DHA threatening expulsion from its membership. 2. A dispute between the parties followed on the question of alleged wrongful use of the' petitioner's residential property for a…

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