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NOMAN SHAFI versus CANTONMENT BOARD, CHAKLALA


Sections 183 and 183 of the General Clause Act (X9 of 1897), Section 24A Constitution of Pakistan (1973), Arts 4, 24 and 199 of the Constitution apply to the principles of natural justice to extend the relief period, the High Court's jurisdiction The petitioner's complaint was that the authorities refused to extend the time to complete the construction without giving any reason and providing no opportunity for a hearing. Such action by the Authority is a violation of the constitutional guarantees promised to the applicants under Articles 4 and 24 of the Constitution and Section 24A of the General Clause Act 1897. Applicants were not provided with any hearing so that they could provide an opportunity to satisfy the authorities. Such an opportunity is not expressly stated in the language of Sections 183 and 183A of the Cantonment Act 1924 but there is a legal requirement to apply for extension with this application, in support of such application and appropriate and structured exercise. It is heard that in support of a decision, the discretion of the authorities to read the natural justice and the right to a hearing was also read as part of every law, although the applicants were not given any opportunity to present their case and the law, discretion. The required discretion accordingly was not used. It was to be structured and, unless its practice was in accordance with the principles laid down in the Supreme Court cases, the exercise of arbitration was declared unnecessary and the High Court could not be maintained under constitutional jurisdiction. Directed the authorities under Sections 183 and 183A of the Cantonment Act, 1945, to provide the applicants with the opportunity to extend their time and application and to present their case.

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