Pakistan Case LawSECRETARY TO GOVERNMENT OF PUNJAB, HOUSINGPHYSICAL &
This civil petition for special leave to appeal arises from the concurrent findings of the Lahore High Court and its Appellate Bench regarding the allotment of a residential plot to the respondent under a lawyers' quota in the Area Development Scheme No. II, Tehsil Samundri. The respondent was allotted a plot by the District Housing Committee, which was later found to be reserved for government servants. Before an alternate plot could be issued, the government changed its policy and abolished all quotas, leading the department to withhold further allotment. The respondent successfully challenged this refusal through a constitutional petition and subsequent Intra-Court Appeal. The core legal question addressed is whether a subsequent change in government policy can divest a right already accrued to an applicant upon the acceptance of their allotment application and determination of eligibility. The Supreme Court held that once a plot is allotted following the determination of eligibility, a vested right is created which cannot be taken away by a subsequent retrospective policy change, particularly when the government continued making allotments despite the new policy. The petition was consequently dismissed.
- Whether a subsequent change in government policy can take away a right to the allotment of a plot that had already vested in an applicant upon the acceptance of their application?
- Whether the recommendation and allotment of a plot by a District Housing Committee creates a binding obligation on the government?
- Can a government department refuse to honor an allotment on the basis of a policy abolition when it continues to make allotments under the guise of that same policy?
ORDER IJAZ NISAR, J.- Mehr Muhammad Amin. Advocate Samundri respondent) applied for the allotment of a residential plot out of the lawyers' quota in the Scheme known as Area Development Scheme No. II, Tehsil Samundri. District Faisalabad. After scrutinizing the respondent'st, 01.AV 1 Secretary to Govt, of Punjab, Housing Physical & C.C.741Environmental Planning Department, Lahore V. Mehr Muhammad Amin,Advocate and others(Ijaz Nisar J)application, the District Housing Committee, Faisalabad allotted plot No. 407 to him. It later transpired that the said plot was reserved for the Government servants and as such could not be allotted to him. The latter applied for the correction of the number of plot but before another plot could be allotted to him. There was change in the policy of allotment of plots whereby all quotas were abolished. Resultantly, the respondent could not be allotted any alternate plot. Consequently, he filed Constitutional petition in the Lahore High Court which was accepted on 18-6-1996 with a direction to the Housing .Physical and Environmental Planning Department to allot a plot to the respondent out of the quota allocated for the lawyers.2. The Government of Punjab, Housing Physical and Environmental Planning Department. Lahore filed an ICA against the order of the learned Single Judge which was dismissed on 17,11.1996. The relevant observations of the Appellate Court were as under:-Be that as it may. Even if there be any merit in the contention it hardly advances their case inasmuch as we are of the Hew that on account of the acceptance of the respondent's application for allotment after determination of his eligibility by the allotment committee a right stood vested in him and subsequent change in policy could not take away that right. Furthermore, the appellant was unable to refute the fact that even after the formation of new policy the allotment of the plots by the appellant Government is still continuing and there is no reason as to why on the basis of said policy which is not being followed by the appellants themselves, the respondent should be denied the plot allotted to him out of lawyers' quota. No ground for interference in the impugned judgment has been made out".3. Still not feeling satisfied. Secretary to Government of Punjab, lousing Physical and Environmental Planning Department has filed civil etition for special leave to appeal before this Court.4. Learned counsel appearing on behalf of the petitioner has terated the submissions earlier made before the High Court. The main nk of his argument is that mere recommendation by a District Housing nmittee was not binding on the Government and its sole dutv was toprocess applications for allotment of quota plots and that the respondent was not entitled to allotment of a plot out of the lawyers' quota after abolition of the quotas. This point was also raised before the High Court in the ICA and the High Coun observed that "it appears to us that the power of allotment stood vested in the District Housing Committee and the approval of the Government was only formal in nature primarily with a Hew to keep the Government informed of the allotment.5. It may be worthwhile to mention that when the matter was being argued before the learned Single Judge. Syed Naeem Saqlain. AAG on instructions made a statement in writing that the Government was prepared to rectify the mistake and consented to the acceptance of the writ petition in terms of the prayer made therein.6. Since the respondent was found to be eligible to the allotment of plot and as a matter of fact had been allotted a plot, the petitioner cannot go back upon his commitment and any change in the policy could not be applied retrospectively to the respondent.7. The learned High Court has exhaustively dealt with all the points in controversy and no interference is called for with the orders passed by it. Hence the petition is dismissed and the leave is refused.
Judges on this bench
- Raja Afrasiab Khan1,254 judgments
- Sh. Ijaz Nisar893 judgments