PAKISTAN HOUSING AUTHORITY FOUNDATION vs FEDERATION OF PAKISTAN S — 2024 CLC 1407 ISLAMABAD

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PAKISTAN HOUSING AUTHORITY FOUNDATION VS FEDERATION OF PAKISTAN S.14---Constitution of Pakistan, Art. 25---Mal-administration---Intelligible differentia, classification of---Applicability---Delayed Payment Charges (DPC)---Petitioner / Pakistan Housing Authority Foundation was aggrieved of order passed by Federal Ombudsman directing to refund delayed payment charges imposed upon respondent / allottee for the period when development work remained suspended---Validity---Decision of petitioner Foundation's Board of Directors not to charge delayed payment charges from allottees for period during which work remained suspended was neither recalled at any material stage nor was diluted by decision taken by Public Accounts Committee (P.A.C.)---To deprive an allottee from refund of delayed payment charges paid for the period during which work remained suspended was irrational and discriminatory---Petitioner / Foundation placed no restriction on an allottee to sell house allotted to him---Purchaser of a house stepped into the shoes of allottee/seller and was entitled to all those privileges/concessions and was subject to all those restrictions/liabilities that the original allottee had---Classification drawn between allottees who had sold their houses and those that had not,was neither reasonable nor based on intelligible differentia---Such classification had no rational nexus to the object i.e., whether an allottee was exempt from payment of delayed payment charges for the period during which work on project remained suspended---Allottee who had not sold his house was exempted from payment of delayed payment charges for period during which work remained suspended and if such allottee had paid delayed payment charges for such period, he was entitled to refund or adjustment of that amount---High Court declined to interfere in the order passed by Federal Ombudsman---Constitutional petition was dismissed, in circumstances.

PAKISTAN HOUSING AUTHORITY FOUNDATION vs FEDERATION OF PAKISTAN S — 2024 CLC 1407 ISLAMABAD

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