SIBGHAT ELAHI CHAUHAN vs THE DEFENCE HOUSING AUTHORITY arts — 2025 CLC 1411 LAHORE-HIGH-COURT-LAHORE

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

SIBGHAT ELAHI CHAUHAN VS THE DEFENCE HOUSING AUTHORITY arts. 23, 24, 10-a & 199---Protection of property rights---Right to fair trial---Defence Housing authority (DHa)---agreements of sale of land in two transactions against exempted plots---Sale of some of the plots after issuance of No Demand Certificate (NDC) without marking any "caution" by DHa---Plea of non-fulfillment of contractual obligations by the land owner---Withholding of NDCs while marking "caution" regarding the remaining plots by DHa on the grounds of pendency of suit and land conveyed to DHa with reference to Khasra Numbers was different from land in possession of DHa---Validity---act of marking "caution" on the remaining exempted plots of the land owner/petitioner was in gross violation of arts. 23 & 24 of the Constitution, which guaranteed a fundamental right to every citizen to acquire, hold and dispose of property in any part of Pakistan subject to the Constitution and any reasonable restriction imposed by law in public interest and that no person should be deprived of his property save in accordance with law---after purchase of property of the petitioner by DHa it the latter became exclusive owner of the conveyed land and as such, it had every right to defend the alleged pending suit for partition to protect its rights under the sale deed executed in its favour by the petitioner---Mere pendency of the suit was no ground to mark "caution" on the remaining exempted plots of the petitioner---If there was any grievance of DHa with respect to breach of obligations by the petitioner pursuant to the sale deed executed by him, the DHa was free to avail appropriate remedies available to it under the law to safeguard its interest, however, DHa in its capacity as a Regulator could not transgress its authority by marking "caution" on its own regarding the remaining exempted plots of the petitioner---Constitutional petition was allowed, in circumstances, with a direction to DHa to remove "caution" and issue NDCs to the petitioner regarding the remaining exempted plots.

SIBGHAT ELAHI CHAUHAN vs THE DEFENCE HOUSING AUTHORITY arts — 2025 CLC 1411 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 CLC