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RASHEED ABDUL AZIZ-AL-HUSSAN THROUGH ATTORNEY versus KARACHI DEVELOPMENT AUTHORITY THROUGH DIRECTOR-GENERAL, K.D.A.


Article 199 Constitution Petition Allotment of plot to the applicant on the basis of the directive issued by the Chief Minister of the province for the establishment of the school, which the applicant was handed over to the applicant in 1992, in terms of the allotment. Accordingly, the construction of the building was required to be completed within two years from the date of occupation and after this the lease had to be executed in its favor. Canceled, the applicant violated some of the terms of the allotment, causing the application to be canceled The order did not mention the absence of the authority to approve the allotment or to support Malala in approving the allotment order by the development authority. Only certain conditions of the allotment are cited for breach and these terms fully violate justice. Do not automatically revoke the cancellation The applicant was entitled to state whether the violation was beyond his control. Or otherwise, and the Authority was expected to exercise its discretion fairly and honestly in deciding whether cancellation or extension of time was appropriate in these circumstances. Whether the plot was available for transfer to the applicant, or whether the allotment was otherwise competent, is a fact that could be better determined by the competent authority. And the matter will be decided by a competent officer within the development authority within a timely manner.

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