Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Sindh Urban Estate Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance (III of 2001), Ss.3 & 4---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and permanent injunction---Allotment of land---Cancellation of allotment---Plaintiff had sought declaration of title in respect of property which- he had purchased from its allottee---Authorities resisted suit contending that suit-land which was transferred to the Authority was in occupation of plaintiff but the Authorities were unable to place any document establishing their right to occupy the suit-land---Court accepting application of plaintiff for interim injunction, restrained defendants (Authorities) from taking any coercive action so as to disturb possession of plaintiff over the suit-land---Defendant had contended that lease in favour of original allottee having been cancelled in. terms of S.3 of Sindh Urban Estate Land (Cancellation of Allotments. Conversions and Exchanges) Ordinance, 2001, injunction granted to plaintiff had become infructuous---Validity---Provisions of S.3 of Sindh Urban Estate Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001 no doubt had provided that allotment of State land at rates lower than market value would stand cancelled but under S.4(2) of said Ordinance required a committee to make an enquiry for determining whether allotment was actually made at a rate less than the market value-­-Provisions of S.3 of Sindh Urban Estate Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001, prima facie, could take effect after market value at the relevant time had been determined by Committee---Under provisions of S.4(2) of Sindh Urban Estate Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2001, even if allotment was found to be in violation of law or a bar on allotment, Committee was still empowered to determine amount of loss caused to Government and would call upon the person concerned to pay such amount within a specified time---Allotment, in such cases, was not to be treated as void ab initio, but allottee…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492