| Case ID |
2d1b81d8-837d-49e8-9054-3c846bb79730 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 6128 and 6476 of 2006 |
| Decision Date |
Mar 07, 2007 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petitions filed by the petitioners, Syed Muhammad Ali Gillani and Abdul Aziz Khan Niazi, against the Multan Development Authority regarding the allotment of residential plots. The court held that the petitioners were bound by the conditions stipulated in the allotment letters, which stated that if both husband and wife were successful in the draw for plots, only one spouse could retain a plot of their choice. The court found that the petitioners accepted these conditions by submitting affidavits and could not later contest them. The court emphasized that the purpose of the housing scheme was to accommodate as many families as possible, and therefore, the condition was reasonable and fair. The court ruled that no contractual relationship existed due to the lack of mutual agreement on the conditions. Furthermore, the enforcement of a contract cannot be ordered through a constitutional petition, leading to the dismissal of the petitions. |
| Summary |
In the case of Writ Petitions Nos. 6128 and 6476 of 2006, decided by the Lahore High Court, the petitioners challenged the cancellation of their plot allotments by the Multan Development Authority (M.D.A.). The court addressed the legality of conditions imposed on plot allotments under the Disposal of Lands by Development Authorities (Regulation) Act, 1998, and the significance of the Contract Act, 1872. The court ruled that the conditions were valid and binding, as the petitioners had accepted them through affidavits. The ruling emphasized the importance of adhering to the rules set forth in housing schemes and underscored the court's jurisdiction in matters of contractual disputes. This case highlights the legal intricacies of land disposal regulations and the enforcement of contract terms within public housing schemes, making it a significant reference point for future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Multan Development Authority
|
| Judges |
MUHAMMAD SAYEED AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
Syed Muhammad Ali Gillani,
Abdul Aziz Khan Niazi
|
| Respondents |
Muhammad Amin Malik (M.D.A.)
|
| Citations |
2007 SLD 1202,
2007 MLD 1164
|
| Other Citations |
Not available
|
| Laws Involved |
Disposal of Land by Development Authorities (Regulation) Act, 1998,
Contract Act, 1872,
Constitution of Pakistan, 1973,
Disposal of Lands by Development Authorities (Regulation) Rules, 2002
|
| Sections |
4(g),
2,
199,
R.6(c)
|