MUHAMMAD SHAHBAZ vs DISTRICT AND SESSIONS JUDGE (EAST), ISLAMABAD Ss — 2024 CLC 274 ISLAMABAD

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MUHAMMAD SHAHBAZ VS DISTRICT AND SESSIONS JUDGE (EAST), ISLAMABAD Ss.1(2) & 2(k)---Notification SRO 83(K)/2012, dated 01-08-2002---Ejectment of tenant---Urban area---Scope---Petitioner was owner of immovable property which was not notified as urban area for the purposes of Islamabad Rent Restriction Ordinance, 2001---Validity---Term "urban area" under S.2(k) of Islamabad Rent Restriction Ordinance, 2001, was silent about any character, principle, or explanation to understand which areas were called urban area with reference to Islamabad Rent Restriction Ordinance, 2001---Term "urban area" was dependent upon notification of Federal Government in Official Gazette without any parameters on which Federal Government could select area, though through the previous two SROs notified by Federal Government under the said provision, those areas were included, which were duly recognized under Capital Development Authority Ordinance, 1960, which was not the mandate of law in Islamabad Rent Restriction Ordinance, 2001---Such technical defect had never been explained on any yardstick, as to how and on what parameters, Federal Government could choose and select the area in such disputed position---Doctrine of "pith and substance" as well as doctrine of "incidental encroachments and occupied field" came into play, though in such case, there was no other competitive legislation which effected Islamabad Rent Restriction Ordinance, 2001, directly, but the mode and manner in which Federal Government was exercising its authority by denying application of Islamabad Rent Restriction Ordinance, 2001, in Islamabad Capital Territory areas should have been settled in the light of Preamble of Islamabad Rent Restriction Ordinance, 2001, however, more population of Islamabad Capital Territory had been excluded to get benefit of Islamabad Rent Restriction Ordinance, 2001---High Court was bound to consider the legislative intent of the parliament by examining Preamble to understand real spirit and domain as well as occupied field of Islamabad Rent Restriction Ordinance, 2001, which only had given simple and straight meaning to resolve the issues between landlord and tenant without any discrimination of properties recognized by Capital Development Authority or not recognized by Capital Development Authority---High Court declared not only the area of petitioner as "urban area" under S.2(k) of Islamabad Rent Restriction Ordinance, 2001, rather included entire Islamabad Capital Territory notwithstanding registered, approved or unapproved society of CDA or any other area acquired or non-acquired or even constructed in any part of ICT beyond the zoning limit, whereby any land or house which had been rented out to a tenant by a landlord was required to be regulated through Rent Controller in terms of Islamabad Rent Restriction Ordinance, 2001, without any discrimination---High Court directed Federal Government to issue necessary notification accordingly for application of Islamabad Rent Restriction Ordinance, 2001, in the entire Islamabad Capital Territory, though the same was ministerial work, especially when there was no criteria for exclusion or inclusion of particular territory in the notification---Constitutional petition was allowed accordingly.

MUHAMMAD SHAHBAZ vs DISTRICT AND SESSIONS JUDGE (EAST), ISLAMABAD Ss — 2024 CLC 274 ISLAMABAD

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