| Case ID |
e2b280a6-8956-4ef1-81ab-0248d6b8aedb |
| Body |
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| Case Number |
Constitutional Petition No.1146 and Miscellaneous |
| Decision Date |
May 16, 2000 |
| Hearing Date |
|
| Decision |
The petitioner, who was the highest bidder for plots of land auctioned by the respondent, paid 50% of the occupancy value according to auction terms. Despite this, the allotment order was not issued. Subsequently, the petitioner did not pay the remaining amount on time, leading to a cancellation of the plots without a show-cause notice. The court found that the cancellation was illegal due to the lack of due process. The court noted the significant increase in plot value and directed the respondent to issue the allotment order and provide possession upon the petitioner paying an additional Rs. 1,00,000. If the petitioner fails to make this payment within one week, the respondent is free to dispose of the plots as deemed fit. |
| Summary |
In this case, the Sindh High Court addressed a constitutional petition regarding the cancellation of plots purchased by the petitioner at an auction. The petitioner had paid half of the required occupancy value but did not receive the allotment order in a timely manner, leading to the cancellation of the plots without proper notice. The court emphasized the importance of due process and fairness, especially given the rising value of the plots. The petitioner was ultimately directed to pay an additional fee to secure possession. This case highlights issues related to auction procedures, administrative negligence, and the rights of bidders in property transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, J
|
| Lawyers |
Ch. A. Rashid,
Muzaffar Inam,
Ain-ud-Din Khan, Addl. A.G
|
| Petitioners |
NAJEEB AHMED
|
| Respondents |
GOVERNMENT OF SINDH through Secretary Local Bodies Housing and Town Planning, Karachi and another
|
| Citations |
2001 SLD 2297,
2001 CLC 63
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|