| Citation(s) |
|---|
| 2010 SLG 2557 2010 SLD 2557 2010 CLC 849 |
Sindh High Court
MUSHIR ALAM AND AQEEL AHMED ABBASI, JJ
Abid S. Zuberi and Haseeb Jamali for Petitioners. Shafi Muhammad Memon, Addl. A.G. for
Respondents.
MUSHIR ALAM AND AQEEL AHMED ABBASI, JJ
Abid S. Zuberi and Haseeb Jamali for Petitioners. Shafi Muhammad Memon, Addl. A.G. for
Respondents.
Messrs TRISTAR ENERGY LTD.
VS
PROVINCE OF SINDH and others
Law:
Section:
Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2000 (III of 2001)--- ----S.4---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of allotments of State land made in violation of law or during ban---Issuance of public notice by authority offering regularization of such cancelled allotments on payment of differential of market value of land as determined by Committee constituted under S.4 Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2000---Petitioner's application made within stipulated period seeking payment of such differential amount, but refusal of authority to issue challan thereof---Validity---Once such offer was made and accepted by petitioner, then vested right was created in him for regularization of his cancelled allotment on payment of such differential amount, for which authority was obliged to issue challan for payment---High Court directed Authority to issue challan for payment of such differential amount while making petitioner liable to pay interest on entire amount at prevailing Bank rate from date of acceptance of such offer along with upto date Malkano and occupancy value. Ghulam Abid Khan v. Government of Pakistan 2000 CLC 443; Abdul Haq v. Government of Sindh 2000 SCMR 907 and Appeals (Pvt.) Ltd. v. Member (LU) and others 2005 YLR 1921 ref. Appeals (Pvt.) Ltd. v. Member (LU) and others 2005 YLR 1921 rel. ORDER MUSHIR ALAM, J.---Petitioners have challenged inaction on the part of the respondent for not issuing challan in terms of Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance, 2000 as provided for under section 4(2) of the Ordinance. 2. In nutshell the case of the petitioner appears to be that the petitioner is a public limited company engaged in power generation, was allotted 50 acres of land from Nacalss 255, Deh Lal Bhakhar, Karachi on 99 years lease at Hawksbay at the rate of Rs.200,000 per acre. Petitioner was handed over possession of the land and the petitioner commenced its construction and development activity. 3. It is the case of theβ¦
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