1986 PLP 1411 (CLC)

(1) to have some connection or relation (to) 2. to have reference (to). "related" (1) narrated; recounted; told, (2) connected; associated, (3) connected by origin, kinship, marriage, etc. of the same kind, family etc. (4) in music, closely connected melodically of harmonically: said of tones, chords, etc. "relation" (1) a narrating accounting or telling. (2) what is narrated or told; a narrative; an account; a recital. (3) connections or mode of connection, as in thought, meaning etc; as the relation of theory and practice, the relation of the individual to society. (4) connection of persons by blood or marriage; kinship. (5) a person connection with another or otherwise by blood or marriage; a member of the same family; a relative; a kinsman or kinswoman. (6) the connections between or among persons in business or private affairs; as, his relationship with his friends are good. (7) the conections between or among groups, peoples, nations, states, etc. as, foreign and trade relations. (8) reference; regard; as, this work was outlined with relation to available funds. (9) in law (a) the statement of a relator at whose complaint an action is begun; (b) the referring of an act or proceeding to a time before its completion or enactment, as the time of its taking effect. (10) in mathematics, ratio; proportion; something in common by means of which two quantities may be compared; any dependence of one quantity upon another. (11) in architecture, the direct conformity to each other, and to the whole, of the different parts of a building; in (or with) relation to; concerning; regarding about. Syn.‑. reference, aspect, connection, recital, rehearsal, account, narrative, tale, detail, description, narration, proportion, bearing, affinity, homogeneity, association, relevancy, pertinency, fitness harmony, ratio, relative." For arriving at a just interpretation of clause (3) of Article ii of the said M.L.O. 105, it seems proper that the scope and of the Order is determined and the objects underlying the promulgation of that Order are taken into account and far that I have to go through the whole Order. Section 3 of the said order provides that the Federal Government by order shall appoint the Custodian in respect of the "Project" which means the civil structure including the Railway land and all assets in respect of the Project on the books of the Karachi Properties Investment Company (1974) Limited, as on the date of coming into force of this Order. On the date of coming into force of this Order. On the appointment of the Custodian, the ownership and administration of the affairs of the Project shall vest in him and, any person or authority exercising or having the right to exercise immediately before such appointment any power or function in relation to the Project, shall cease to exercise or to have the right to exercise such power or function. In has been provided under sub‑clause (4) of Article 3 that without prejudice to the generality of the provisions of the sub‑paragraph (2), the Custodian shall have the power to mortgage or effect sale or transfer in any way of Project or any part thereof to any person, on such terms and conditions, as he may decide with the approval of the Federal Government. It is further provided under clause (5) of Article 3 that the Custodian may cause the formation of a company to which the Project and its assets and liabilities may be transferred; to open and operate bank accounts in respect of the Project or the company and receive and disburse payments and, to do all other acts which may enable him to effectively discharge his responsibilities. Article 4 of the order provides for compensation and gives jurisdiction to the Custodian to determine the same. Articles 5 and 6 provide for termination of leases of land and termination of contract. Article 9 provides that the provisions of this Order shall have effect notwithstanding anything contained in any other contract, agreement, memorandum or articles of association, lease or sub‑lease. Article 10 provides that no person shall in any manner obstruct the Custodian or any person authorised by him in the discharge of his function. And Article 11, which is most relevant, refers of jurisdiction, which reads as under.

11. Bar of Jurisdiction.‑‑ (1) No Court, including the Supreme Court and a High Court, shall call in question; or permit to be called in question, any provision of this Order or of any order made or direction given or anything done or any action taken or purporting to be made, given, done or taken there under. (2) No Court, including the Supreme and a High Court, shall grant any injunction or make order, nor shall any such Court entertain any proceedings, in relation to anything done or intended or purporting to be done under this Order. (3) Any suit or other' proceedings that may be pending against the Government, Banking Councilor and Banking Company of financial institution in relation to provision of credit facilities in respect of the Project shall abate. As would appear from the above, the bar of jurisdiction, is absolute and the scope of the order is wide and all embracing in terms it is stated. The claim for damages is akin, or ancilliary to and connected with the refusal to grant the project which cannot be challenged in B any Court including the Supreme Court or a High Court. I have, therefore, no doubt in my mind that the item as contained in prayer (d) for damages is also barred. The suit, therefore, abates and the suit as such is dismissed. In the circumstances, however, there will be no order as to costs. A.A. Suit dismissed.