Limitation and Conditional Allotment Cancelled by High Court.– CDA vs. Shujaat Hussain (2025 CLC 486)
2025 CLC 486
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-Must read Judgement
2025 C L C 486
[Islamabad]
Before Arbab Muhammad Tahir, J
CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad ---Appellant
Versus
Syed SHUJAAT HUSSAIN and 2 others ---Respondents
Writ Petition No. 1060 of 2014, decided on 25th January, 2023.
Allotment---
----Allotment of plot, cancellation of---Delay in seeking remedy---Limitation---Petitioner/Capital Development Authority cancelled allotment of plot in question which was made in the year 1981---Federal Ombudsman and Appellate Authority decided complaint and appeal in favour of respondent/allottee and had set aside order passed by petitioner/CDA---Validity---Delay defeats equity and equity leans in favour of a vigilant litigant---Law of limitation is not considered a mere formality and is required to be observed as being mandatory in nature---Lapse of time creates rights in favour of other party and therefore burdens the party which fails to act within stipulated time to demonstrate sufficient and satisfactory cause/reason for delay regarding each day---Person may have an enforceable right, but if he/she fails to enforce such right within time stipulated by law, then such right becomes unenforceable---Grant of license to use plot in question for purpose for which it was allotted did not confer absolute vested right---Agreement to lease was subject to fulfillment of conditions mentioned therein and completion of project, and was revocable as agreed by respondent/allottee in the agreement---High Court set aside the orders passed by Federal Ombudsman and Appellate Authority---Constitutional petition was allowed, in circumstances.
Syed Shujaat Hussain v. Capital Development Authority through Chairman, Islamabad and another PLD 2012 Islamabad 13; Board of Secondary Education through authorized officer v. Provincial Ombudsman of Sindh and 2 others 2019 CLC 1531; State Life Insurance Corporation of Pakistan v. Wafaqi Mohtasib, Federal Ombudsman Secretariat, Islamabad and another 2000 CLC 1593; Pakistan Railways through General Manager, Railway Headquarters Office, Lahore v. Abdul Bari Khan and others PLD 2004 SC 127; Mrs. Anisa Rehman v. PIAC and others 1994 SCMR 2232; Muhammad Ayub Khan Tanoli v. Secretary of Industries, Government of N.W.F.P., Peshawar and 3 others 2004 CLC 1500; Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukh PLD 1969 SC 407; Capital Development Authority through Chairman and another v. Zahid Iqbal and another PLD 2004 SC 99; Federation of Pakistan through Secretary, Establishment Division, Government of Pakistan, Islamabad v. Muhammad Tariq Pirzada and others 1999 SCMR 2189; Hamida Farhat Burki v. Capital Development Authority and 3 others 2015 MLD 845; State Bank of Pakistan through Governor v. Imtiaz Ali Khan 2012 SCMR 280; Ghulam Sarwar v. Amir Hussain 2004 SCMR 944; Lahore Development Authority v. Mst. Sharifan Bibi PLD 2010 SC 705; Shahid Pervaiz alias Shahid Hameed v. Muhammad Ahmad Ameen 2006 SCMR 631 and Zafar Ali v. The State 2008 YLR 2071 rel.
Muhammad Nazir Jawad for Petitioner.
Zulfiqar Ali Abbasi, Asim Shahbaz Malik and Shahid Munir for Respondents.
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