1969 PLP 667 (SCMR)

"The following commitments of the Centre may also be kept in view and accommodated as far as practicable while imple menting the Scheme:‑ 1.

2

3.

4. Additional land for Al‑Hilal (Co‑operative Housing Society adjacent to the society land 65 acres.

5. Works Co‑operative Housing Society the land originally reserved for police headquarters, i.e. Blocks 8 and 9." The Government of West Pakistan which had in the mean time by virtue of the President's Orders No. 9 of 1961, dated the 1st July 1961, and No. 6 of 1962, dated the 31st March; 1962, become vested with the administration of the Karachi Development Authority, as a result of the merger of Karachi in West Pakistan, also approved the said Scheme No. 24 under Article 50 of the Karachi Development Authority Order, 1957, subject to the same conditions and reservations as were specified by the Central Government in its letter of the 14th June 1963. This approval of the Provincial Government was also form alized by the issuance of a Gazette Notification on the 27th. September 1963, but due to certain technical discrepancies, which: had unfortunately crept into this Notification, a subsequent Notification was issued on the 9th June 1964 which clarified that the direction given for keeping in view the commitment of the Central Government were to be operative only "as far as possible." The Karachi Development Authority, however decided as a matter of policy not to allot any land to any co‑operative‑ society because of the past unhappy experience of such allotments. In regard to the petitioner Society, furthermore, the Karachi Development Authority was of the view that since it had utilized only 28 out of 173 Blocks already given to it and failed to clear up its dues, the commitment with regard to it ought not to be honoured. This was also approved by the Provincial Government and a directive "issued in that behalf by its Memorandum No. S. O. IV‑(LG) 16/62‑Vol. II dated the 13th April 1966. The petitioner Society sought to challenge this decision by a writ petition in the High Court filed on the 14th June 1967, but the same was dismissed by the High Court on the ground that the petitioner Society‑ had acquired no legal or vested right to the allotment of the additional area under the directive of the Government of Pakistan, issued on the 14th June 1963, particularly, since the Notification of the Provincial Government issued on the 9th June 1964, for the implementation of the Central Government directive had since been modified by two other Notifications. The petitioner Society now seeks special leave to appeal and it is contended on its behalf that its case stands on exactly the same footing as the case of the Works Co‑operative Housing Society v. The Karachi Development Authority (Civil Appeal No. 13 of 1968) the hearing of which concluded on the 14th May 1968 and judgment was announced on the 30th May 1968. The judgment in the present case was announced on the 15th May 1968, before the judgment in Civil Appeal No. 13 of 1968, was announced. It appears to us, however, that there is a material difference between the case of the petitioner Society and that of the Works Co‑operative Housing Society as the Notification of the Provincial Government, issued on the 9th June 1964, was modified before the petitioner Society moved the High Court. The rights of the Works Co‑operative Housing Society were determined on the basis of that Notification and this Court had, in the concluding portion of its judgment, clearly pointed out that the Provincial Government was found to honour the commitment accepted by the aforesaid Notification of the 9th June 1964 and not to depart from the direction given therein "so long as it stands intact." That Notification was altered by the` Notification of the 13th April 1966 and the position now, since the announcement of the decision in the Works Co‑operative Housing Society case is that the Provincial Government has issued two further Notifications dated the 3rd October 1968 and the 14th October 1968 wherein items (iv) and (v) of clause(b) of paragraph 2 of the Notification of the 9th June 1964, relating to the making of provision for additional lands for Al‑Hilal Co‑operative Society (present petitioner) and the Works Co‑operative Housing Society have been totally omitted. Learned counsel, appearing in support of the petition has, however, drawn our attention to a letter written by a Section Officer of the Rehabilitation and Works Division of the Govern ment of Pakistan on the 22nd February 1969, to the petitioner Society reiterating that the commitment of the Centre made in its letter of the 14th June 1963, still stands. This letter cannot possibly have the effect of altering the Notifications of the Provincial Government which is now the competent authority to sanction a housing Scheme with regard to Karachi. But if the petitioner Society thinks that the Central Government can still intervene in the matter, it may approach the Central Government in that behalf. So far as this petition is concerned, it appears to us that it must fail for the reasons given by the High Court which appear to us also to be right. After the alteration made by the Provincial Government in its Notification of the 9th June 1964, the petitioner Society bad no vested right left there under to enforce the commitment made in its favour. This petition is also barred by one day but since we have heard the petition on merits, we condone the delay and dismiss the petition on merits. Leave refused.