| Case ID |
322110ef-8849-4150-b783-48d05233f29d |
| Body |
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| Case Number |
Civil Appeal No. 993 of 1999 |
| Decision Date |
Apr 11, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Pakistan Defence Officers Housing Authority against the judgment of the High Court of Sindh, which had ruled in favor of Shamim Khan. The Court found that the authority did not have unlimited power to cancel allotments made by the society and that the cancellation of Shamim Khan's allotment was unjustified. The Court emphasized the need for the authority to follow the bye-laws and not act in a discriminatory manner. The decision underscored the principle that lawful allotments made prior to the dissolution of the society remained valid unless proven otherwise. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the legal intricacies surrounding the allotment of residential plots by the Defence Officers Cooperative Housing Society, which was later dissolved and replaced by the Pakistan Defence Officers Housing Authority. The case arose when Shamim Khan, a Sub-Inspector in the Excise and Taxation Department, was initially allotted a plot but faced cancellation of this allotment on grounds of ineligibility. The Court examined the provisions of the Pakistan Defence Officers Housing Authority Order and the Constitution of Pakistan, particularly focusing on the authority's powers and the lawful rights of allotment holders. The judgment highlighted the importance of adhering to the bye-laws governing the allotments and protecting the rights of individuals against arbitrary administrative actions. The decision is a landmark in understanding the limitations of authority powers in housing allotments and reinforces the principles of fair administrative practice. This case is vital for those interested in housing law and administrative justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Defence Officers Housing Authority,
Defence Officers Cooperative Housing Society
|
| Judges |
Sardar Muhammad Raza Khan,
Khalil-ur-Rehman Ramday,
Muhammad Nawaz Abbasi
|
| Lawyers |
Nazar Hussain Dhoon,
Abul Anam
|
| Petitioners |
Pakistan Defence Officers Housing Authority
|
| Respondents |
Shamim Khan,
L. Rs. and 5 others
|
| Citations |
2005 SLD 1938,
2005 PLD 792
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Defence Officers Housing Authority Order,
Constitution of Pakistan (1973)
|
| Sections |
17(h),
17(i),
199
|