Case Details

Citation(s)
2010 SLG 430 2010 SLD 430 2010 CLC 492
Sindh High Court
Constitutional Petition No.D-1425 of 2006, decision dated: 12-02-2008
MRS. QAISER IQBAL AND SYED MAHMOOD ALAM RIZVI, JJ

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Messrs R.N.A. INTERNATIONAL through Partner and 3 otherss

VS

FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Defence, and another

Law:

Section: 84

Cantonments Act (II of 1924)-------S. 63---Constitution of Pakistan (1973), Arts.25 & 199---Constitutional petition---Demand of property tax by issuing challan to petitioner by Cantonment Board---Petitioner alleged such demand to be on higher side and discriminatory for not being in conformity with order passed by Cantonment Magistrate---Validity---Petitioner had been discriminated in connection with assessment held by competent forum to be payable by him---High Court directed the Cantonment Board to reassess petitioner's building after due notice to him on basis of payments .made by and claimed from other occupants" of similar building and/or same building. Naveed Ahmed Khan for Petitioners. Ashraf Ali Butt for Respondent No.2. ORDER This petition pertains to the challan issued by the respondent No.2 to the petitioners in respect of payment of house tax and conservancy charges for the assessment year 2005-2006 recorded by the Assessment Committee which is not in conformity with the order dated, 10-12-2004 passed by learned XIX-Judicial Magistrate, Karachi East who is also serving as Cantonment Magistrate. It is urged by the learned counsel for the petitioners that the petitioners have constructed and managed the high-rise building commonly known as Asia Pacific Center situated on plot of land bearing Survey No.250 (now renumbered as Plot No.250/1, NA Class No.118 situated in Deh Okewari, Bolck-19, Gulistan-e-Johar, Karachi consisting of ground plus seven floors, upon the completion of the construction some of the floors of the building were parted to the respective purchasers while ground floor, 6th floor and 7th floor are in personal use and possession of the petitioners. It is consistently argued that the respondent No, 2 without any justification, are claiming taxes from the petitioners for the assessment year 2005-2006, challan has been issued in violation of the Cantonments Act, 1924 on the higher side without showing adjustment in the taxes already paid, which were agitated before the competent forum by the petitioners…
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