- —the doctrine of estoppel cannot be invoked so as to givethe power to an authority, which it does not under law possesses—No estoppel can be pleaded to justify by an action which is against the law—In the same realm falls the principle of waiver which is akin to estoppel—it needs no reiteration and begs no precedent that no amount of waiver, estoppel or consent can extend a public authority’s powers or validate an action which is ultra vires the statutory provisions— no estoppel runs against law. Jan Muhammad vs Custodian & another 2018 SCR 487 (B & C)
- —Held: the allottee being refugee is entitled under law to get the allotment of evacuee land up to 64 kanal— he may exercise his choice to retain or abandon the allotment—he cannot be deprived of his statutory legal right on the basis of the principle of estoppels from allotment of land within the prescribed scale. Jan Muhammad vs Custodian & another 2018 SCR 487 (F)
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