Law:

Section:

(a) Karachi Development Authority Order [5 of 1957]-------Art. 4(2)---Karachi Development Authority (Disposal of Land and Estates) Rules, 1971, R.11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioner, a charitable organization, had acquired rights in property through an allotment order and paid the full amount of the price of the land and possession was delivered to the petitioner---Cancellation of said allotment of property took place as a consequence of a omnibus order passed pursuant to the orders of the Provincial Government to the effect that allotment of plots made in violation of the Rules and Regulations in between 20-10-1993 and 5-11-1996 stood cancelled with immediate effect---No show-cause notice was given to the petitioner before cancellation of the allotment---Validity---Allotment of plot was made by the then Chief Minister of the Province without following the procedure prescribed by Karachi Development Authority Order, 1957 and Karachi Development Authority (Disposal of Land and Estates) Rules, 1971 and the petitioners themselves chose to defy the requirement of Rules by making a direct application for allotment to the Chief Minister who had no power in law to effect the allotment---Allotment was ordered by the Chief Minister overruling the recommendations of the Chief Secretary and bypassing the Committees of the Karachi Development Authority and the Governing Body empowered to make such allotment---Trustees of the petitioner organization happened to be four prominent members of the political party to which the then Chief Minister belonged and included the then Prime Minister of the country---Allotment in question, therefore, was not merely in violation of the Rules but also lacked bona fides---Petitioner had founded its claim on show-cause notice upon the principles of natural justice and not on any statutory provision of law---When the impugned action was taken in violation of mandatory provisions of law requiring notice to the affected party the action was void, ab initio---When absence of notice was complained of on the grounds of violation of the principles of natural justice, the defect could be rectified…

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