MESSRS QURESHI CONSTRUCTION Co. LTD.S vs GOVERNMENT OF SIND AND Another
This petition arises from a judgment and order of the Sind High Court dismissing a revision petition regarding the price payable for industrial plots allotted to the petitioner. The core legal question concerns whether a subsequent government policy letter reducing the price of industrial plots applied retrospectively to the petitioner's prior allotment or only to future transactions. The Supreme Court held that the subsequent decision reducing the rate was applicable solely to allotments made after the petitioner's plots and did not alter the terms of the existing contract. The Court laid down the principle that government policy letters regarding price reductions apply prospectively to future transactions unless expressly stated otherwise, and a party cannot unilaterally force altered terms onto a concluded allotment without a breach by the respondents.
- Does a subsequent government policy reducing the price of industrial plots apply retrospectively to prior allotments?
- Can an allottee of industrial plots unilaterally enforce a reduced price policy issued after the initial allotment?
- Whether the High Court's dismissal of a revision petition regarding plot pricing warranted interference by the Supreme Court?
ORDER
MIAN BURHANUDDIN KHAN, J.-This petition is directed against judgment and order of the Sind High Court dated 18-1.1981 passed in Revision No. 358 of 1980.
2. The petitioner was allotted two industrial plots in the Korangi Industrial Area measuring 10,000 sq.
Yds. @ Rs. 10 persq yard. The possession was delivered to the petitioner and the first instalment Rs.
2/50 per sq. Yard was deposited with respondent No. 2 on 25-4-1962.
3. On 19-8-1963 the Government of Pakistan (Rehabilitation and Works Division) framed a policy, reviewed their previous policy and in para. 4 of the Policy letter reduced the price of Industrial plots in order to encourage the industrialization in the area. It is stated by the petitioner that after the issuance of aforesaid policy letter of 19-8-1963 he offered to purchase the plots @ Rs. 4 per sq. Yard but the respondents insisted that Rs. 10 per sq. Yard was the real price. In letter dated 11-8-1969 the peti--tioner was asked to deposit the balance of the cost of the plots. Later on, the Government of Pakistan took a decision on 10.2-1970 that rate of Rs. 10 per sq. Yard was the proper rate and, therefore, the letter of the Government of Sind, containing reference to the letter dated 10-2-1970, clinched the matter. The petitioner challenged this decision in a civil suit 'which was dismissed on 25-2-1976. His appeal was dismissed by the District Judge on 16-8-1980 where after he filed a Revision Petition No. 358 of 1980 in the Sind High Court which was dismissed in limini vide the impugned order.
4. Learned counsel's main contention is that the previous allotment order was a provisional allotment order and that the policy letter dated 19-6-1963 has been misread and misconstrued by the lower Courts below ; in fact the price fixed by this policy letter was the real terms of the contract between the parties and the previous rate of Rs. 10 per sq. Yard was 'ad hoc' price.
5. We have examined the contention of the learned counsel and find that no breach of terms has been committed by the respondent so as to entitled the applicant to force any other terms on the respondent. Subsequent decision reducing the rate to Rs. 4 per sq. Yard was applicable to the allotments made after the allotment of the plots to the applicant as even the policy letter would show that it was applicable to the future transactions We find no merit in this petition which is, accordingly, dismissed.