Law:

Section:

Karachi Development Authority Order (5 of 1957)--- ----Art. 37---Martial Law Regulation (57 of 1983), Para, 6-A---Constitution of Pakistan (1973), Art. 185 (3)---Transfer of property---.Sale through negotiation---Land owned by Evacuee Trust Property Board was to be given to Karachi Development Authority for housing scheme, on payment of compensation---After insertion of Para.6-A in Martial Law Regulation, 57 of 1983, all contracts were made null and void, unless approved by the Tribunal constituted thereunder---Tribunal did not confirm the proposed sale of land owned by Evacuee. Trust Property Board to Karachi Development Authority---High Court in exercise of constitutional jurisdiction maintained the order passed by Tribunal---Plea raised by Karachi Development Authority was that Martial Law Regulation 57 of 1983, was not a valid law and was also repugnant to the Constitution---Validity---Sale of public property by way of restricted auction, might not be prohibited under law but at the same time, sale of public property through negotiation or restricted auction without proper publicizing, might not be considered legal---In consequence to insertion of Para. 6-A in Martial Law Regulation No.57 of 1983, proposal of transfer of property by Evacuee Trust Property Board in the name of Provincial Government for housing scheme of Karachi Development Authority before attaining maturity became null and void---Martial Law Regulation No. 57 of 1983, was given constitutional protection under Art. 270-A of the Constitution and would be deemed to be a valid law to all intents and purposes---No estoppel against law and proposal of sale stood annulled under. Para 6-A of Martial Law Regulation No.57 of 1983---Petitioner Authority could not invoke constitutional jurisdiction of High Court for enforcement of contractual obligation inter se parties in respect of proposed transaction of sale of land---Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. Lavin Traders v. Deputy Administrator, Evacuee Trust (Case No.340 of 1989 under MLR No.57 of 1.983.) 1993 SCMR 1707 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article…

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