Law: Cantonments Act, 1924

Section: 183,183A

Law: Constitution of Pakistan, 1973

Section: 4,24,199

Law: General Clauses Act, 1897

Section: 24A

(a) Cantonments Act (II of 1924)--- ----Ss.183 & 183-A---Building period---Extension---Scope---Provisions of Ss.183 and 183-A of Cantonments Act, 1924, are enabling provisions and serve beneficial purpose, therefore, must be construed and jurisdiction therein applied liberally---No more than two extensions can anyway be granted as there is clear embargo in law to do that---As such Ss.183 and 183-A of Cantonments Act, 1924, cannot be used as a machinery for collecting revenue. (b) Cantonments Act (II of 1924)--- ----Ss.183 & 183-A---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Arts.4, 24 & 199---Constitutional petition---Principles of natural justice---Applicability---Building period---Extension---Relief, moulding of--Jurisdiction of High Court---Grievance of petitioners was that authorities without assigning any reason and without providing any opportunity of hearing declined to extend time for completing construction---Validity---Such act of authorities was violation of Constitutional guarantees promised to petitioners under Arts.4 and 24 of the Constitution and S.24-A of General Clauses Act, 1897---No hearing was provided to petitioners to allow them opportunity to satisfy authorities---Such opportunity though not expressly called upon in language of Ss.183 and 183-A of Cantonments Act, 1924 but legal requirement of applying for extension connoted and attached with such application, the right to be heard in support of such application and proper and structured exercise of discretion by authorities in support of any decision thereon---Natural justice and right of hearing was to be read as part of every law even by implication---No opportunity to present their case had been granted to petitioners and discretion had not been exercised as required by law, discretion had to be structured and unless its exercise was in conformity with principles laid down in cases of Supreme Court, the exercise of discretion was unwarranted and could not be sustained---High Court, in exercise of constitutional jurisdiction, could mould the relief---High Court directed the authorities to allow petitioners opportunity to appear and present…

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