Law:

Section:

(a) Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 124, 125.& 129---Sindh Local Government (Contract) Rules, 2001, R.10(3) & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Use and disposal of property of Local Government---Effect of ban imposed by the Chief Minister---Petitioners were allotted plots belonging to Local Government through auction by the Taluka Nazim---Subsequently such allotment was cancelled, but on filing constitutional petition by the petitioners/allottees, High Court passed an order directing that status quo be maintained---After said order of the High Court, Taluka Nazim withdrew notice of cancellation of allotment---Intervener who filed application to be impleaded as party, had alleged that as there was ban imposed by the Chief Minister, disposal of plot in dispute during period of ban was without lawful authority and was of no legal effect---Validity---Section 124 of Sindh Local Government Ordinance, 2001, which dealt with disposal of property of Local Government, being a statutory provision and subsequent to the letter dated 27-8-1997 would override the ban placed by the Chief Minister---Even otherwise S.129 of Sindh Local Government Ordinance, 2001 did not confer any authority on the Chief Minister in that regard, which would mean that; if action was taken by Local Government under S.124 of the said Ordinance, ban imposed by the Chief Minister, even if the said ban was still effective, would not be applicable to the property of the Local Government Institutions. Syed Ghulam Mustafa and others v. Province of Sindh and others 2005 CLC 931 and M.A. Hamid Ali Bukhsh v. City Governments and others PLD 2003 Karachi 162 ref. (b) Sindh Local Government (Contract) Rules, 2001--- ----First Sched.---Powers of Municipal Administration and Taluka---Under First Schedule to Sindh Local Government (Contract) Rules, 2001, Town Municipal Administration and Taluka had power to enter into contract, whose value did not exceed Rs-1 million in cases of immovable property in Taluka concerned--- Taluka Nazim, in circumstances, did not have the power to contract for amounts in excess of Rs.10,00,000---If action…

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