Dr. SHAHIDA MANSOOR vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Sched

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Dr. SHAHIDA MANSOOR VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence Sched.IX-a, Cls. 2 & 3(h)---Cantonment land---Evacuee property---Lease hold rights---Conversion of status---Rate of premium chargeable for conversion of residential property to commercial property---Determination---Petitioner successively applied for sanction of conversion of residential property into commercial property as a clinic---Competent authority conveyed requisite sanction on the application filed by the petitioner in 2011 subject to deposit of premium at the rates of prevalent policy instead of the rate of the previous policy prevalent at the time of filing of first application of petitioner in 1983---Validity---Government of Pakistan, Ministry of Defence, in terms of power conferred under the Cantonment Land administration Rules, 1937, (Rules) issued policies from time to time for conversion of properties held on old grant/cantonment code leases into regular leases, including conversion/change of purpose of regular leases into fresh leases, thus, previously policy was introduced in 1996, which was then superseded by another policy in 2007 and at the time of moving of application in 2011 later Policy of 2007 was in vogue so the case of the petitioner was considered thereunder---In terms of that policy leases for Hospitals, Educational/Training Institutions (including Hostel facilities), Museums and Libraries were to be executed under Sched-IX-a of the Rules for perpetuity---after rejection of previous application the petitioner instead of challenging the orders of rejection opted to apply afresh in 2011, so her case being not pending clearly fell under the Policy-2007, thus, petitioner was precluded to claim the benefits of previous policy---Constitution petition was dismissed in limine, in circumstances.

Dr. SHAHIDA MANSOOR vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Sched — 2025 CLC 209 LAHORE-HIGH-COURT-LAHORE

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