CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad vs Syed SHUJAAT HUSSAIN allotment of plot, cancellation of — 2025 CLC 486 ISLAMABAD

Case information

Citation: 2025 CLC 486 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad vs Syed SHUJAAT HUSSAIN allotment of plot, cancellation of
Subject matter: Constitutional

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

Judgment text as reported

CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad VS Syed SHUJAAT HUSSAIN allotment of plot, cancellation of---Delay in seeking remedy---Limitation---Petitioner/Capital Development authority cancelled allotment of plot in question which was made in the year 1981---Federal Ombudsman and appellate authority decided complaint and appeal in favour of respondent/allottee and had set aside order passed by petitioner/CDa---Validity---Delay defeats equity and equity leans in favour of a vigilant litigant---Law of limitation is not considered a mere formality and is required to be observed as being mandatory in nature---Lapse of time creates rights in favour of other party and therefore burdens the party which fails to act within stipulated time to demonstrate sufficient and satisfactory cause/reason for delay regarding each day---Person may have an enforceable right, but if he/she fails to enforce such right within time stipulated by law, then such right becomes unenforceable---Grant of license to use plot in question for purpose for which it was allotted did not confer absolute vested right---agreement to lease was subject to fulfillment of conditions mentioned therein and completion of project, and was revocable as agreed by respondent/allottee in the agreement---High Court set aside the orders passed by Federal Ombudsman and appellate authority---Constitutional petition was allowed, in circumstances.

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