Mst. KANIZ FATIMA vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss

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Mst. KANIZ FATIMA VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss.3, 4, 13 & 21---Capital Development Authority Ordinance (XXIII of 1960), Ss.11 & 12---Land Acquisition Act (I of 1894), Ss. 4 & 6---Constitution of Pakistan, Art. 199---Constitutional petition---Acquisition of land---Defence Housing Authority, entitlement of---Petitioner / landowner was aggrieved of notification issued by revenue authorities to acquire land for the purpose of Defence Housing Authority (DHA) on the request of its Legal Advisor---Validity---Both the legislations i.e. Land Acquisition Act, 1894 and Capital Development Authority Ordinance, 1960 are not in conflict with each other and both the statutes can exist side by side---Capital Development Authority (CDA) is responsible for planning and development, whereas Land Acquisition Collector focuses on acquiring land for public purposes---Any changes to CDA's Master Plan requires its approval---DHA under S. 3(4) of Defence Housing Authority Islamabad Act, 2013 while designing, planning and executing a scheme in specified area, has to adhere to Master Plan of Islamabad and ensure that all public roads and paths leading to and from adjoining areas and access to graveyard, as far as possible, be maintained and no change or alteration can be made in such road, paths or access except with prior approval of the Government---Land Acquisition Collector was empowered through notification in question to acquire land under S. 4 of Land Acquisition Act, 1894---Land can be acquired under Land Acquisition Act, 1894 however, under Defence Housing Authority Islamabad Act, 2013 it is the Executive Board, which can apply to District Collector for the acquisition of land---Legal Advisor was not competent/authorized to do so under the law---According to S. 13 of Defence Housing Authority Islamabad Act, 2013 no such delegation of powers had been made to the Legal Adviser---Where a statue has provided for a particular thing to be done in a specific manner then it is to be done in that manner and the role of Courts is not designed to legislate but interpret statutes according to their ordinary and plain meaning and not to import and / or supply words or provisions, no matter how laudable and desirable it may appear to be---Constitutional petition was allowed accordingly.

Mst. KANIZ FATIMA vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss — 2025 CLC 1682 ISLAMABAD

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