| Case ID |
38ffb882-b50e-4ea6-8bd1-38a406d44cbf |
| Body |
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| Case Number |
Civil Petition No. 2108 |
| Decision Date |
Feb 27, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed multiple civil petitions concerning the interpretation of the Khyber Pakhtunkhwa Provincial Buildings (Management, Control and Allotment) Act, 2018, and its associated rules. The court ruled that prior allotments of residential accommodations must align with the provisions of the Act of 2018 to be deemed valid. It emphasized that the law is beneficial in nature and should be interpreted liberally to extend benefits to eligible public office holders, particularly regarding special quotas for the offspring and spouses of retired or deceased officials. The case was remanded to the Secretary, Administration of KPK for individual assessments of the petitioners' claims regarding their eligibility and rights to retain residential accommodations. The court's decision highlights the importance of aligning past allotments with current legal standards and ensuring fair treatment of all public office holders. |
| Summary |
This case revolves around the interpretation of the Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, 2018, and the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018. The Supreme Court of Pakistan examined the rights of petitioners who claimed allotments of government accommodations made before the enactment of the new law. It was determined that previous allotments must comply with the Act to be valid, thus emphasizing the need for a purposive interpretation of statutes that favors the beneficiaries of the law. The court's ruling also clarified the conditions under which family members of retired or deceased public officials can retain government accommodations, reinforcing the necessity for equitable treatment in allotment processes. This judgment serves as a critical reference for future cases involving public sector housing and the rights of employees in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. AZMAT SAEED,
JUSTICE FAISAL ARAB,
JUSTICE IJAZ UL AHSAN,
JUSTICE DR. TARIQ IQBAL
|
| Lawyers |
Naveed Akhtar, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
M. Younis Thaheem, Advocate Supreme Court,
Malik Manzoor Hussain, Advocate Supreme Court,
M. Shahid Kamal, Advocate Supreme Court,
Barrister Qasim Wadood, Additional A.G. Khyber Pakhtunkhwa
|
| Petitioners |
M.S. Khattak,
Naveed Akhtar,
M. Younis Thaheem,
Malik Manzoor Hussain,
M. Shahid Kamal
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY ADMINISTRATION PESHAWAR,
Barrister Qasim Wadood,
Taimoor Khattak,
Noor Rehman
|
| Citations |
2019 SLD 1172,
2019 SCMR 859
|
| Other Citations |
Federation of Pakistan through Ministry of Finance and others v. Messrs Noori Trading Corporation (Private) Limited and 14 others 1992 SCMR 710,
Hudabiya Engineering (Pvt.) Limited v. Pakistan through Secretary, Ministry of Interior, Government of Pakistan and 6 others PLD 1998 Lah. 90,
Saif-ur-Rehman v. Additional District Judge, Toba Tek Singh and 2 others 2018 SCMR 1885,
Lahore Development Authority through D.G., Lahore and another v. Abdul Shafique and others PLD 2000 SC 207,
Pakistan Engineering Co. Limited, Lahore through Managing Director v. Fazal Beg and 2 others 1992 SCMR 2166
|
| Laws Involved |
Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, (II of 2018),
Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018
|
| Sections |
7(3),
7(5),
16,
R.18
|