AZIZUDDIN KHAN Versus CHAIRMAN P.O.F., BOARD WAH CANTT
The petitioner, an ex-employee of the Ordnance Factory, applied for and was provisionally allotted a plot in the Lala Rukh Colony Scheme, Wah Cantt. The allotment was subsequently cancelled because the petitioner already owned a residential plot in Islamabad, which violated paragraph 3(c) of the Daily Order Part I issued by the Pakistan Ordnance Factories Board barring individuals owning property in any housing scheme in Pakistan from allotment. After his representation was rejected by the Cantonment Board, the petitioner filed a constitutional petition in the High Court, which was dismissed. The petitioner then sought leave to appeal before the Supreme Court, contending that the declaration in his application only barred prior allotments in Defence Housing Schemes or Cantonments, and that paragraph 3(c) did not apply because his Islamabad plot was acquired on payment of market value to the Capital Development Authority rather than through a scheme. The Supreme Court found that these contentions required examination and granted leave to appeal.
- Does ownership of a plot acquired from the Capital Development Authority on payment of market value violate a bar against owning property in any housing scheme in Pakistan?
- Can provisional allotment of a plot in a housing scheme be cancelled on the ground of prior ownership of residential property elsewhere?
- What is the scope and applicability of eligibility conditions restricting plot allotments to individuals already owning property in housing schemes?
ORDER
S.A. NUSRAT, J.‑‑ The petitioner had applied for allotment of a plot of land in a scheme known as "Second Extension of Lala Rukh Colony No.2, Wah Cantt." as an ex‑employee of the Ordnance Factory, and his case was recommended and pursuant thereto he was provi sionally allotted Plot No.F‑229. The allotment was, however, subse quently cancelled on the ground that the petitioner was already holding a Plot No.768 in G‑10/1 Sector, Islamabad, and thus, he was ineligible for allotment of a plot in the aforesaid scheme by virtue of the bar contained in paragraph 3(c) of Daily Order Part I dated 17‑3‑1984 issued by the Pakistan Ordnance Factories Board. The said clause provided that an officer, who owned a plot or house in his name or in the name of his wife/husband or dependent children in any housing scheme in Pakistan, will not be eligible for allotment of a plot in the Lala Rukh scheme. The petitioner made a representation before the President, Cantonment Board, which was turned down as per letter dated 17‑2‑1985.
2. The petitioner thereupon filed a constitutional petition in the High Court challenging such decision which was dismissed as per impugned judgment.
3. In support of the petition, it was contended by the learned counsel for the petitioner that;
(i) in the application for allotment, the declaration sought to be made read as under:‑‑
(a) I have never been allotted a residential plot in any Defence dousing Scheme or Cantonment in my own name or in the name of my wife/children.
(b)
(c) ...... .................. and
(ii) paragraph 3(c) ibid also, in terms, did not apply to the case of the petitioner because the plot in Islamabad was not acquired by him under any scheme, but on payment of prevalent market value to the Capital Development Authority.
4. The above contentions need examination and leave is accordingly granted. Security Rs.2,000. The petition will be heard on the present) record.
M.I.A./A‑227/S Leave granted.