IJAZ ANW AR, J.---Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer: "It is therefore most respectfully prayed that on acceptance of the instant writ petition, the respondents be directed to give effect to the No Objection Certificate dated 19.05.2015, whereby , NOC was granted to the petitioner Housing Society for the Development of Plots, Houses, Mosques, Parks etc. within the specified area of the petitioner Housing Society comprising of Khasra Nos.8, 9, 10, 11, 12, 13, 14, 15 to 45, 932, 931, 930, 928/1, 928, 920 situated in Village Rashian, Revenue Estate Kakul and for setting aside of the letter dated 07.09.2015, whereby , the present respondents without any legal backing and law suspended the said no objection certificate dated 19.05.2015 against the law of natural justice, law of locus poenitentiae, without giving any notice to the same and against all norms of justice fair play and equity and ineffective upon the rights of the present petitioner and therefore not sustainable and liable to be set-aside with further prayer that letter dated October , 2017 whereby the petitioner has been directed to obtain prior permission from the respondents Nos.1 to 4 before the construction of building etc is also liable to be set aside as the same is against the basic principle of law, canons of justice, fair play, equity and also ultra-vires and against the Constitution of Islamic Republic of Pakistan and that the SRO notification dated 08.04.2015 whereby the respondent Federal Government has imposed restrictions upon the use and enjoyment of land in the vicinity of work of defence being also against the very spirit and ultra vires of the Constitution of Islamic Republic of Pakis tan and against the basic fundamental rights of the present petitioner , therefore, cannot be sustained and is liable to be set-aside and any other relief as may be deemed fit and proper in the circumstances of the case."
2. In essence, the grievance of the petitioner is that despite issuance of N.O.C. for development of land and construction over there, the respondents have illegally imposed restrictions unilate rally upon activity being carried out in the vicinity .
3. The respondents Nos.1 and 2 filed their parawise comments, followed by rejoinder by the petitioner . We have heard both the counsel for the parties at some length.
4. The matter in hand requires interpretation of provisions of the Works of Defence Act, 1903 read with National Command Authority Act, 2010 and furthe r read with statutory Notification (SRO dated 10.04.2015). However , both the parties have not denied latter dated 1st October , 2017. It is reproduced being relevant to the present controversy .
"Secret Ammunition Depot Kakul Abbottabad Telephone: Military-33130 Case No. SC/176/23 /Proj 1 October 2017 To: Mr. Nazar (Kakul Housing Society)
All concerned Subject: Implementation of Statutory Regulatory Order (SRO)
Copy of subject order published by Government of Pakistan Ministry of Defence for ammunition Depot Kakul had already shared with your office. It is to further clarified that land with SRO limits may be sold or purchased but seller will have to get a certificate from purchaser that he will not constructed any structure against the SRO without NOC from MoD.
2. Forwarded for information/ necessary action, please.
SD -XXX Lieutenant Colonel Commandant (Muhammad Sajid Saleem)"
Though the petitioner has placed on file different letters seeking permission for construction etc. however , it was addressed to the Deputy Commissioner , Abbottabad, who has forwarded it to the Government of Pakistan, Ministry of Defence albeit no response was given and as such there is no clear picture nor any response of the respondents that how they will be dealing with such request. There is also a judgment of august Supreme Court of Pakistan in somewhat identical matter in C.Ps. Nos. 875 and 876 of 2001 'Raja Safeer Ahmad and another v. Government of Pakistan through Secretary , Ministry of Defence, Rawalpindi and other s.' However , there are certain observations of the august Apex Court, which too discussed reasonable restrictio ns but not completely depriving the land owners of their due rights over the land situated in the vicinity of defence installations. While confronted both the parties with this situation, they are unanimous on the point that till date there is no response of the respondents. Learned counsel for the petitioner then requested that the petitioners/owners will apply afresh to the respondents for grant of N.O.C. and that on receiving any A response, future line of action will be determined.
Learned counsel representing the respondents stated that if any such application is made, it will be decided in the light of the above referred law applicable to the case in hand.
5. In this view of the matter , this petition is disposed of in the manner that the petitioner shall apply to the respondents pursuant to the above letter/ SRO and the respondents shall consid er it and decide the same with reasons within a period of three months positively from the date of its receipt.