DR. MUHAMMAD JUNAID versus KARACHI DEVELOPMENT AUTHORITY
Section Constitution74 Constitution of Pakistan (1973), Article 199 Constitutional application Allotment of various plots by the Authority for breach of contractual compensation for Petitioners or their foregoing interests was allotted by the maxim price paid by the Allotment. Such orders also contained a provision that the construction on the allotment plot be lifted within a fixed period and in the event of failure to do so, the allotment shall be liable for non-payment of fees. Be true, it may be true that the terms of the non-use allotment regulations In terms of the penalties imposed, the fee may be theoretically enforceable, but section 74 of the Contract Act, 1872, considered some pre-conditions to be agreed, in the first case, to be payable, In the contract itself the method of fine or compensation for breach of contract; and secondly, the infringing party was entitled to reasonable compensation only, subject to the maximum amount fixed in the contract, under Article 25 of the Amended Rules. No amount was assessed and in some cases millions of people running cases claimed the authority. The amount of the fee was against the residential value of a few thousand rupees; no amount of imagination can be considered reasonable, under the circumstances. Cannot be legally demanded by authority Authorities were allowed to the extent that demand notes were valid in excess of the amount specified under the original contract
Related judgments — Karachi High Court Sindh, 2010
