- S. 11 — Master Plan and Master Programme — Authority is bound to act in accordance with Master Plan — The only power available to authority is given in second proviso to make alterations as per actual requirement — There is no provision in the Ordinance that Master Plan can be amended or varied — However, the general principle of law, as enunciated in section 21 of the General Clauses Act, is that where a power to pass an order is conferred then that power includes the power to add ,to amend, very or rescind the order, but this power is exercisable only in the like manner and subject to the like sanction and conditions (if any) — It follows that the Mirpur Development Authority can only modify the Master Plan by getting approval of the Government — Power to amend it is not vested in the Authority — Held: Authority is bound to abide by the Master Plan and it cannot violate it. Residents of Hamidpur Colony, Chakswari v. Fazeelat Begum and 5 others 2000 SCR 547 (A)
- U/s. 44 — Jurisdiction of Courts is barred in respect of all actions of the Authority — the only safe remedy available to an aggrieved person is to file a writ petition to challenge the actions of the Mirpur Development Authority or any of its functionaries — If any question of fact is involved it is the duty of the High Court to record evidence, where necessary, and also to embark upon appreciation of evidence under section 38 of the High Court Procedure Rules 1984. Riaz Ahmed v. M.D.A. and 4 others 2000 SCR 493 (A)
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