Allotment Regulations Bannu Township Scheme

2015 SCMR 799 SUPREME-COURT Judicial Precedent

Chap. II, Para. 9Specific Relief Act (I of 1877), S. 42Suit for declarationAllotment of plot by Provincial Urban Development BoardCancellation of allotmentFailure to deposit instalmentsPlaintiff/appellant was allotted land by the Provincial Urban Development Board for construction of a private schoolCost of land and payment schedule of instalments were also provided to the plaintiffPlaintiff deposited an advance amount, but thereafter failed to deposit the instalments despite repeated notices

Plaintiff in his suit did not specifically question the cancellation of his plot but sought a declaration that he be allowed to deposit the price of the plot in question

Plaintiff claimed that he was aggrieved of the value of the plot, but the question was as to why he kept mum for a period of more than one year before approaching the concerned authority for reduction of price of the plot

Plaintiff, in the meantime, neither approached the concerned authority for extending the dates of instalments nor paid all instalments, even under protest or otherwise

Even otherwise, having deposited the advance amount for the plot, the plaintiff had in-fact agreed with the price of plot in question

Besides the plaintiff by not establishing the school in time (for which the plot was allotted) had also deprived the people of the vicinity

Suit of the plaintiff had been rightly dismissed by the High Court

Appeal was dismissed accordingly.