Law:

Section:

Pakistan Defence Officers' Housing Authority Order [7 of 1980]-----------Arts. 23 & 9-Constitution of Pakistan (1973), Arts.199, 4 & 18---Constitutional petition---Executive Committee of the Pakistan Defence Officers' Housing Authority had prescribed criteria and qualification for Real Estate Agents working within the territorial jurisdiction of the Authority and dealing with the properties governed by the Authority---Effect of such condition would be that nobody else shall be permitted to conduct .real estate business in the area under the control of the Authority except those registered with the Authority---Contention of the petitioners was that the Authority had no such authority in law and the criteria/qualification prescribed for registration of Real Estate Agents, was violative of Arts. 18 and 4 of the Constitution---Validity---Held, Rules/Regulations passed by the Authority should be restricted and confined to carry out the purposes of the Pakistan Defence Officers' Housing Authority Order, 1980 but same shall not extend to regulate the business or affairs of any other person/persons or agencies which were not part and parcel of the Authority; for the purpose of regulating the business of Real Estate Agents, there should be specific provision within the realm of delegated legislation and in exercise of that delegated authority only, the Authority could make law in the nature of subordinate legislation---Executive Committee was empowered to make such regulations not inconsistent with the provisions of Pakistan Defence Officers' Housing Authority Order, 1980 and the Rules it might consider necessary or expedient for the administration and management of the affairs of the Authority---Authority, had no jurisdiction to prescribe any condition or authority to regulate the working of the Real Estate Agents---Purported regulation passed by the Authority was without jurisdiction and consequently void ab initio---Criteria/qualification and every decision made thereunder by Authority was ordered to be quashed by the High Court being ultra vires, and violative of the provisions contained in Arts. 4 and 18 of the Constitution---Principles. Mushtaq A. Memon,…

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