Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN Ss — 2023 SCMR 1208 SUPREME-COURT

Case information

Citation: 2023 SCMR 1208 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. MOHAMMAD ASLAM KHAKI VS Khawaja KHALID FAROOQ KHAN Ss. 24, 56 & 55---Constitution of Pakistan, Arts. 9, 14(1) & 24---National Police Foundation Housing Scheme ("the Housing Scheme")---Illegal allotment of second plot to Managing Director ("MD") of National Police Foundation ("the Foundation")---Park/green area in layout plan converted into a plot---Legality---After the Managing Director ("MD") of the Foundation was allotted a plot, he misused his position to allot to himself a second plot, by illegally converting a designated park/green area---Within a year of being allotted the second the MD sold it and made a hefty (untaxed) profit on his investment---Both the MD and the Foundation had concealed from the buyer of the second plot the fact that the said plot had been designated as a park/green area and that it could not be converted into a residential plot, and sold---Sale agreement for the second plot between the MD and the buyer was void because its object, the sale and purchase of a designated park/green area, was unlawful---Therefore, the MD was not entitled to retain the amounts received by him and the buyer would be entitled to its refund/compensation.

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