2006 CLC 745 LAHORE-HIGH-COURT-LAHORE

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S.M. ISMAIL VS CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD through Chairman 1970 SCMR 434, 1993 MLD 152, 2002 SCMR 312, 2003 CLC 1819, 2003 SCMR 1221, 2003 SCMR 1505, PLD 1973 SC 236, PLD 1991 SC 1041, PLD 2000 Lah. 101, Capital Development Authority Ordinance 1960--49 , Constitution of Pakistan 1973--199 , ---S. 49(b)---Constitution of Pakistan (1973), Art.l99---Constitutional petition---eviction of lessee---Plot given by Capital Development Authority to Staff Welfare Committee for welfare purposes---Lease of plot by Committee in favour of petitioner for a fixed term---eviction of petitioner from plot by Authority after expiry of lease while matter of renewal of lease was under process---Petitioner alleged such eviction to be illegal as lessor of plot was Committee, which was a separate body from Authority and thus, such lease was outside purview of Capital Development Authority Ordinance, 1960---Validity---Committee was not alien to Authority, but was its component---Authority had delegated certain powers to Committee to deal with plot and use its funds for purposes of welfare of staff---Apprehension was that Authority under political influence would lease out plot surreptitiously to someone else---High Court disposed of constitutional petition with directions to Committee to decide fate of renewal of lease independently within specified time, and on its failure to do so, petitioner would be put in possession of plot till its decision.