YAQUB EUSUF MAYET vs PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY, KARACHI
This constitutional petition challenged the decision of the Pakistan Defence Officers Housing Authority to cancel a plot previously purchased by the petitioner from an original allottee, a transfer which the Authority had initially approved. The core legal question was whether the respondent authority could unilaterally cancel the plot allotment without providing the petitioner with prior notice or an opportunity to be heard. The Sindh High Court held that the cancellation order was invalid due to the violation of the principles of natural justice, specifically the failure to provide a show-cause notice and a hearing. Consequently, the Court set aside the cancellation order. The judgment establishes the principle that before a statutory or public authority takes adverse action affecting the property rights of an individual, such as the cancellation of an allotment, it is mandatory to issue a prior show-cause notice detailing the grounds for the proposed action and to grant the affected party a full and fair opportunity of being heard in accordance with the principles of natural justice.
- Can a housing authority cancel a plot allotment without providing the allottee a prior show-cause notice and an opportunity to be heard?
- Is the principle of natural justice applicable to the cancellation of plot allotments by a public authority?
' NASIR ASLAM ZAHID, J.---In this petition, the petitioner has challenged the decision of the respondent authority cancelling the plot in question which had been purchased by the petitioner from the original allottee and which transfer had been approved by the Defence Authority. Mr. Raja M. Irshad, learned counsel for the respondent authority; submits that the cancellation order is being withdrawn as, prior to taking adverse action against the petitioner in respect of the plot in question, no show-cause notice and hearing had been granted to the petitioner.
2. Constitutional Petition No,D-653 of 1985 is accordingly allowed and the order, cancelling the plot of the petitioner in question, is set aside on the ground that before taking such action no prior show-cause notice and hearing was granted to the petitioner. If any action is proposed to be taken by the respondent authority against the petitioner in respect of the plot, a prior show-cause notice giving full facts and the grounds, on which cancellation is intended, shall be given and thereafter full opportunity will be granted to the petitioner to place his case before the Defence Authority and only after fulfilling such formalities, action shall be taken by the respondent authority.
3. The petitioner shall also be entitled to costs against the respondent. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 4 cases
- M/S Al-Safa Golden Co. (Pvt.) Ltd. vs Capital Development Authority And 2024 IHC 210, 2025 CLC 698
- AL-SAFA GOLDEN CO. (PVT.) LTD. Versus CAPITAL DEVELOPMENT AUTHORITY 2025 CLC 698
- Ch. MOHAMMAD NAWAZ and another vs The FEDERAL GOVERNMENT 2018 PLC (C.S.) 325
- Ch. Mohammad Nawaz and another vs The Federal Government 2017 IHC 175