UMER PERWAIZ vs CAPITAL DEVELOPMENT AUTHORITY (CDA) art — 2024 CLC 419 ISLAMABAD

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UMER PERWAIZ VS CAPITAL DEVELOPMENT AUTHORITY (CDA) art.199---Constitutional jurisdiction of High Court---Scope---Contractual liability---Scope---Petitioners / allottees were aggrieved of adjustment of amount deposited by their predecessor-in-interest for one plot towards balance payment of other allotted plot---Validity---High Court, in exercise of its Constitutional jurisdiction, can go into questions of fact capable of being decided on the basis of documents on record and do not involve recording of evidence---When questions of fact of complex nature are raised, which may for their determination require oral evidence to be taken, and on that account High Court is of the view that the dispute may not appropriately be tried in constitutional petition, High Court may decline to entertain such petition---Capital Development authority, instead of acceding to request of predecessor-in-interest of petitioners to refund entire amount deposited for two plots, had adjusted balance amount payable by predecessor-in-interest of petitioners for other plot from the amount that he had deposited---If C.D.a. had acceded to request of predecessor-in-interest of petitioners to refund amount deposited by him for other plot, his legal heirs would have had no legal foundation to seek allotment of either of the plots---High Court declared that predecessor-in-interest of petitioners had acquired ownership rights with respect to one plot on account of adjustment of liability for remaining 60% amount for other plot from the payment that had already been made by predecessor-in-interest of petitioners---High Court directed C.D.a. to issue allotment letter for one plot to petitioners after payment of all outstanding fees and taxes---Constitutional petition was allowed accordingly.

UMER PERWAIZ vs CAPITAL DEVELOPMENT AUTHORITY (CDA) art — 2024 CLC 419 ISLAMABAD

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