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Petitioner: QUETTA DEVELOPMENT AUTHORITY VS Respondent: AJMAL KARIM BUTT
1988 S C M R 1913
1988 S C M R 1913
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ
QUETTA DEVELOPMENT AUTHORITY Appellant
versus
AJMAL KARIM BUTT and another‑‑Respondents
Civil Appeals Nos.10‑Q and 11‑Q of 1986, decided on 1st June, 1988.
Civil Procedure Code (V of 1908)‑‑
‑‑‑O.XXIII, R.3‑‑Supreme Court Rules, 1980, O.XXXIII, R.6 Appeal before Supreme Court‑‑Disposal in terms of compromise‑‑Settlement reached between contesting parties‑‑Prayer for disposal of appeal in terms of said compromise, granted with some clarifications.
Basharatullah, Advocate Supreme Court and S.A.M. Quadri, Advocate‑on‑Record for Appellant (in C . A . No.10‑Q of 1986).
M.Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑ on‑Record for Appellant (in C.A.No.11‑Q of 1986).
Tahir Muhammad Khan, Advocate Supreme Court and Khalid Malik, Advocate Supreme Court for Respondent No.1 (in both Appeals).
M.Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑ on‑Record for Respondent No.2 (in C.A.No.10‑Q of 1986).
Basharatullah, Advocate Supreme Court and S.A.M.Quadri, Advocate‑on‑Record for Respondent No.2 (in C.A. No.11‑Q of 1986).
Dates of hearing: 31st May and 1st June, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑Learned counsel for the parties pray that both these appeals may be disposed of as under:‑
(1) That the order of cancellation of allotment of plot in question in favour of Ajmal Karim Butt, the first respondent in both the appeals, dated 9‑8‑1977, is declared as void on the ground of violation of principle of natural justice in that no notice or opportunity of hearing was granted to the said allottee before the action was taken.
(2) As a consequence the allotment of the said plot in favour of Abdul Aziz, appellant in Civil Appeal No.11‑Q/1986 and respondent in Civil Appeal No.10‑Q/1986 is set aside.
(3) That the impugned judgment and the decree of the High Court dated 7‑10‑1985 are modified in the aforesaid terms and the suit of Ajmal Karim Butt is decreed as above.
It is hereby clarified that it will be open to the Quetta Development Authority to take action in respect of cancellation of the allotment order issued to Ajmal Karim Butt in accordance with the law, and in case the allotment of the plot is cancelled and the plot is available for allotment, the case of Abdul Aziz shall be considered on merits in accordance with the rules and regulations.
It is further clarified that in the proceedings, if any, in respect of the cancellation of the allotment of the plot, Abdul Aziz shall not be treated as a party.
In view of the settlement reached between the parties the appeals are disposed of in terms and conditions above, with no order as to costs.
M.I.Q‑14/S Order accordingly