1993CLC426 (PLP)

(On appeal from the judgment and order of the High Court data 27‑2‑1992 in Writ Petition No.29 of 1991). (a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)‑‑‑~: ‑‑‑‑S. 44‑‑‑Mirpur Municipal Committee (Regulations for Development" anti Disposal of Plots/Estates), 1985‑‑‑Constitutional petition‑‑‑Locus standi w file‑‑‑Allotment of plots‑‑‑Mandatory requirement that applications for allotment of plots be invited from general public‑‑‑Plot in question, secretly allotted to respondent (allottee)‑‑‑Validity‑‑‑Appellant fell in three different categories of persons who were qualified for allotment of plot viz. he was sues of Mangla Dam displaced person; resident of the town; and a State subject‑‑. Appellant had applied in 1979 for allotment of plot but was not allotted any plot‑‑‑Right considered sufficient for maintaining Constitutional petition was not necessarily a right in the strict juristic sense but where person concerns had disclosed that he had a personal interest in the performance of legal duty, which if not performed or performed in a manner :pat permitted by law would result in the loss of some personal benefit or advantage or the curtailment of a privilege, such person would have locus standi to fits Constitutional petition. Maqsood Hussain v. Chairman, Municipal Committee, Mirpur 1992 CLC 2203 and Mian Fazal Din v. Lahore Improvement Trust, Lahore PIT) 1969 SC 223 rel. (b) Mirpur Municipal Committee (Regulations for Development and Disposal of Plots/Estates), 1985‑‑ ‑‑‑‑Allotment of plot to respondent‑‑‑Validity‑‑‑Chairman of Municipal Committee who had allotted plot was not competent to make allotment ‑ Respondent (allottee) was not head of an independent family; she was member of her husband's family who admittedly had allotment of a plot in that locality‑‑‑Order of allotment in favour of respondent was thus illegal. Maqsood Hussain v. Chairman Municipal Committee, Mirpur 1992 CLC 2203 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)‑‑‑

S. 44‑‑‑Constitutional petition‑‑‑Lashes‑‑‑Maintainability‑‑‑Impugned allotment order was passed on 27‑6‑1990‑‑‑Constitutional petition was filed on 23‑5‑1991‑‑‑‑Appellant being not a party in the proceedings of allotment, starting point of delay would commence from date of knowledge which was stated to be "a few days ago"‑‑‑Nothing was available on record to show that appellant had gained knowledge from the date of allotment of plot‑‑‑ Objection relating to laches in filing Constitutional petition was, thus, not warranted. (d) Mirpur Municipal Committee (Regulations for Development and Disposal of Plots/Estates), 1985‑‑‑. ‑‑‑‑Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42‑‑‑Order of allotment in favour of respondent being not warranted by law was set aside‑‑‑High Court's order dismissing appellant's Constitutional petition on the ground that he was not an aggrieved person was set aside‑‑‑Plot in question, would go to general‑ pool for allotment in accordance with law.