1713/2012 Suit Sharif Ahmed Qureshi (Plaintiff) V/S Wing Cdr.(R) Mazhar Mirza and others (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 03-MAY-19
Housing Scheme_ If a Housing Scheme is announced by Defendant No.3, primarily, for Military Personnel, then either there should be a complete embargo on transferring of land to the civilians, or, if the same embargo is not in place and civilians / citizens can purchase in a housing scheme launched by Defendant No.3, then the policy and formalities of Defendant No.3 should be equitable and fair and no one should be discriminated against. It is understandable that there are security issues, for which NOC and other formalities are to be completed, but the security concern cannot be allowed to be misused, or, under the garb of security issue, rights of citizens cannot be compromised. Proprietary rights are guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973; inter alia, in terms of Article 24. Pleadings_ Admission made in Written Statement (on oath) does not need further proof. Executive Action_ Executive actions based on the premise of national security are justiciable on the basis of Rationale Basis Test. Sale NOC_ Non issuance of sale NOC by the Army Housing Directorate, violates Section 24A of the General Clauses Act, 1897. Thus, requirement of NOC cannot be given that degree of importance or significance, that it can be allowed to impinge upon a statutory and fundamental right of ownership of a citizen, who is a lawful and bona fide transferee of a property, situated in a Housing Scheme of Official Defendants.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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