Law: Constitution of Pakistan, 1973

Section: 23,24

Law: Constitution of Pakistan, 1973

Section: 23,24

Law: Punjab Local Government Ordinance (VI of 1979)

Section: 166,156

Constitution of Pakistan (1973)-------Arts. 199, 23 & 24---Constitutional petition---Cancellation of allotment of plot---Petitioners acquired proprietary rights in the plots in question after having paid their price in full and having obtained possession thereof---Depriving the petitioners of said rights in plots in dispute was permissible under the Constitution subject to payment of compensation in accordance with law---Impugned action of authorities lacked said attribute by allowing refund of a price charged 14 years earlier and not a contemporary value thereof;' in any event the deprivation of proprietary rights must be attended at least by prior notice and opportunity of defence which was not given to the petitioners---Such defects had gone to the root of the matter disclosing patent illegality for which the constitutional jurisdiction under Art.199 of the Constitution would constitute the appropriate remedy---Impugned action of authorities was declared to be without lawful authority and of no legal effect. Haji Khan Wali and others v. Director-General CD&MK, Peshawar 2005 YLR 3102 rel. Bashir Ahmad Ch. for Petitioner. Muhammad Ashraf Mohandra for Respondent No.2. Mumtaz Mustafa for Respondents Nos.1 and 3. ORDER UMAR ATA BANDIAL, J.--- This petition is filed to challenge proceedings taken by the respondents Nos.1 to 3 cancelling the residential plots allotted to the petitioners in 1982 in the canal park scheme framed by the Municipal Committee, Rahimyar Khan. The petitioners made full payment of the auction price and are in possession of the plots in question. Upon the consideration of public interest being served by the provision of a car parking facility and a girls college that has subsequently shifted into the scheme, the A.D.L.G. and the Deputy Commissioner, predecessors of respondents Nos.2 and 3 passed the impugned order, dated 12-3-1997 cancelling the residential plots of the petitioners falling within the area designated for the parking space except those plots upon which allottees have already raised construction. This order was passed without hearing the petitioners wherein no compensation for the cancelled plots is provided to the…

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