Raja ZAHOOR AHMED vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2022 PLD 22 ISLAMABAD

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Raja ZAHOOR AHMED VS CAPITAL DEVELOPMENT AUTHORITY Ss. 11 & 51---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---Commercialization of property---Board of Directors, decision of---Locus Poenitentiae, doctrine of---Scope---Petitioners claimed that after declaring their area as commercial, no commercialization fee was required to be paid for conversion of their property---Validity---Decision of Board of Directors of Capital Development Authority was not a regulation for the purposes of S.51 of Capital Development Authority Ordinance, 1960---Decision of Capital Development Authority Board of Directors allowed conversion of residential property into commercial property, such decision was ultra vires Capital Development Authority Ordinance, 1960 and was in excess of authority rested in Capital Development Authority Board---Such decision of Board of Directors was illegal and void ab initio---Rescinding earlier decision of commercialization was the correct decision of Board of Directors and was in accordance with the scheme and provisions of Capital Development Authority Ordinance, 1960---Capital Development Authority rightly refused commercialization of property of petitioners and the same did not suffer from any legal infirmity---Petitioners had garnered no benefits under the decision of commercialization during the period it remained in filed, therefore, they could not claim any injury due to withdrawal of decision and doctrine of locus poenitentiae was of no help to them---Decision of commercialization created no vested rights for petitioners as the same was an illegal order, which was neither acted upon by petitioners nor Capital Development Authority---Any superstructure of expectations built upon an illegal order would come crumbling down along with its illegal foundation---Capital Development Authority was obliged to ensure that properties that fell within its regulatory domain in Islamabad Capital Territory were not employed in non-conforming use---Duty of Capital Development Authority to discharge its statutory obligation and ensure that no residential property was used for commercial purpose---High Court directed Capital Development Authority to stop any continuing non-confirming use of any property in the area---Constitutional petition was dismissed, in circumstances.

Raja ZAHOOR AHMED vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2022 PLD 22 ISLAMABAD

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