| Case ID |
366e7c04-916c-4846-9116-62adda625e63 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 2177 of 2009 |
| Decision Date |
Jun 03, 2015 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Mst. Khadija Qurban challenging the rejection of her application for the allotment of a plot in a housing scheme. The court held that the petitioner was bound by the terms and conditions of the housing scheme, which stipulated that priority would be given to applicants whose spouses or families had not been allotted a house, flat, or plot previously. The court found that the petitioner had signed an undertaking agreeing to these terms, thus enforcing the conditions of the housing scheme. The court emphasized that the enforcement of contractual obligations could not be pursued through a constitutional petition when an alternate remedy, such as arbitration, was available. As a result, the petition was deemed not maintainable under Article 199 of the Constitution, leading to its dismissal. |
| Summary |
In the case of Mst. Khadija Qurban vs. Federal Government Employees Housing Foundation, the Islamabad High Court addressed the issue of maintainability of a constitutional petition under Article 199 of the Constitution of Pakistan. The petitioner sought the allotment of a plot in a housing scheme, claiming that she was entitled to it despite her husband also being a government employee and having applied for a plot. The court clarified that both spouses are considered distinct persons in legal terms, but since the petitioner had signed an undertaking agreeing to the housing scheme's terms, she was bound by them. The court highlighted the importance of the principle that where an alternate and efficacious remedy exists, a constitutional petition is not maintainable. The court concluded that the petitioner had a clear alternate remedy available through arbitration and thus dismissed the petition. This case serves as a significant reference point for understanding the limits of constitutional petitions in contractual disputes, emphasizing the necessity of adhering to the stipulated terms within the housing scheme. Keywords such as 'constitutional petition', 'housing scheme', 'arbitration', and 'legal obligations' are essential for SEO optimization and relevance in legal discussions. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, J
|
| Lawyers |
Imran Shafique,
Ms. Shahina Akbar
|
| Petitioners |
Mst. KHADIJA QURBAN
|
| Respondents |
FEDERAL GOVERNMENT EMPLOYEES HOUSING FOUNDATION
|
| Citations |
2015 SLD 2275,
2015 MLD 1447
|
| Other Citations |
Prof. Kazim Hussain and others v. Government of Pakistan through Secretary M/o Law Justice and Parliamentary Affairs and others as PLD 2013 FSC 18,
Ishrat Jabeen Saeed v. Multan Development Authority 2007 MLD 1164,
Messrs Gandapur Construction Company v. Government of KPK and others 2014 CLD 400,
Messrs N.A.A. Consulting Engineers and others v. Karachi Metropolitan Corporation 2014 MLD 1795,
S.M. Hashim Hussain v. Pakistan Defence Officers' Housing Authority 2005 SCMR 1782,
Haji Khalid Usman v. Secretary to the Government of Punjab, Agriculture Department, Lahore 2008 CLC 1360,
Messrs Tauseef Corporation (Pvt.) Ltd. Lahore v. Lahore Development Authority and 2 others 1999 CLC 26
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|