1990 PLP 521 (SCMR)
MUHAMMAD SHAFIQ‑‑Petitioner Versus CAPITAL DEVELOPMENT AUTHORITY through its Chairman
| Citation | 1990 PLP 521 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD SHAFIQ‑‑Petitioner Versus CAPITAL DEVELOPMENT AUTHORITY through its Chairman |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 521 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 521 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 521 (SCMR) (MUHAMMAD SHAFIQ‑‑Petitioner Versus CAPITAL DEVELOPMENT AUTHORITY through its Chairman). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Farooq Qureshi, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents Nos. 1 to 3.
- Maulvi Sirajul Haque, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Respondents Nos.4 to 6.
- Date of hearing: 5th June, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 25‑4‑1989 passed in I.C.A. No.282 of 1984). ‑‑‑Art.185(3)‑‑‑Leave to appeal was granted to examine, inter alia, the questions of law (1) whether in view of decision of Supreme Court in Mian Fazal Din's case reported as P L D 1969 S C 223, petitioner had not the locus standi to successfully maintain the Constitutional petition; (ii) It being not the case of Development Authority that the sanctioned/approved Scheme was in any manner altered, was the sanction granted to the respondents not in violation of the Scheme and the established practice and policy of the Authority itself. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223 ref.
Judgment & Decree
Khalid Farooq Qureshi, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondents Nos. 1 to
3. Maulvi Sirajul Haque, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Respondents Nos.4 to
6. Date of hearing: 5th June, 1989. SHAFIUR RAHMAN, J.‑‑Leave to appeal is granted to examine, inter alia, the following questions of law:‑ (1) Whether in view of the decision of this Court in the case of Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223, the petitioner had not the locus standi to successfully maintain the A Constitution Petition? (2) It being not the case of the C.DA. that the sanctioned/approved Scheme was in, any manner altered, was the sanction granted to the respondents not in violation of the Scheme and the established practice and policy of the CDA. itself?
2. Security‑‑Rs.5,
000. The appeal to be heard on the present record with liberty to parties to place on record such documents as they consider necessary. No interim relief.
3. If the petitioner wants any record of the C.D.A. to be summoned for the hearing, he shall provide the particulars thereof and the Office shall ensure its availability at the time of hearing. A.A./M‑955/S Leave granted.