Federal Constitutional Court of Pakistan

Syed Ashfaq Anwar and connected petitioners v Government of Khyber Pakhtunkhwa and connected respondents

Published on this website

C.P.L.A. Nos. 800 and 1581 of 2023; Criminal Appeal No. 383 of 2023

Citation: Approved for reporting; reported citation not stated in supplied order

Pakistan | General Clauses Act, 1897 | Section 21

Background

Background

The FCC upheld cancellation of flats allotted to ineligible applicants. Success in a computerized draw did not create a vested right, and a fresh decision after hearing did not amount to contempt.

Police Service officers were selected in a draw for Hayatabad flats despite falling outside the advertised class. The authority cancelled their allotments after a fresh hearing.

Legal questions

Whether success in a computerized public-housing draw creates a vested right for applicants who do not meet the published eligibility criteria, and whether fresh cancellation after a hearing disobeyed the earlier High Court judgment.

Court holding

What the Court decided

Selection in a draw cannot cure foundational ineligibility or create an enforceable allotment contrary to the scheme. The competent authority could correct the error after a fair reconsideration, and the fresh cancellation was not wilful disobedience of the earlier High Court judgment.

Final outcome

Final outcome

The two petitions for leave to appeal and the connected criminal contempt appeal were dismissed with costs; the cancellation of the allotments remained in force.

Practical effect

What the decision means in practice

Housing applicants must meet the scheme's published criteria; authorities may correct a mistaken allotment after proper reconsideration and hearing.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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