Disposal of public property

Petitioners, Deputy Administrator and tenant of Evacuee Trust Property Board, assailed order passed by Revisional Authority through constitutional petitions

Contentions of respondent were that the tenant was not competent to challenge the order of Revisional Authority and that the Deputy Administrator was not competent to file Constitutional petition against the order of his own Authority, which amounted to disobedience of its order

Validity

Property belonged to Evacuee Trust Property Board and every citizen was very much competent to challenge the perverse order of the Authority

Every citizen was aggrieved person if such property was being embezzled/ misappropriated by any person through fraudulent means

Secretary/Revisional Authority enjoyed two fold jurisdiction, firstly he was head of the department and his administrative orders were binding upon all his subordinates, whereas while performing quasi-judicial functions his orders were amenable to challenge by any person including his subordinate

Federal Government had authorized the Deputy/Assistant Administrators to institute and defend the suit/proceedings in the courts of law

High Court held that the Deputy Administrator was competent to file constitutional petition against the revisional order of the Secretary.

Act of Capital Development Authority's officials was not less than offence, like criminal breach of trust, cheating and fraud

Civic body was to initiate criminal proceedings and take disciplinary action against the culprits, who for personal benefit, gain and interests, sold the assets of nation

Such type of arbitrary decisions, polluted acts and corrupt practices was deprecated

Places like parks and playgrounds were necessary for healthy life and to convert such places to commercial use and residential purpose was an infringement of Fundamental Rights guaranteed by the Constitution, more particularly Art.9

Act of carving out of plots was declared as unconstitutional by High Court and said allotments were cancelled.