Athar Minallah, C.J. The petitioner has been heard at length. He was asked whether before invoking the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, he had approached the competent authority of the Federal Government Employees Housing Authority (hereinafter referred to as the 'Authority'). He has stated that though the competent authority was approached but the latter did not pass any written order.
2. With the able assistance of the learned counsel, the provisions of the Federal Government Employees Housing Authority Act, 2020 (hereinafter referred to as the 'Act of 2020' ) have been carefully perused. Clause (g) of section 5(2) of the Act of 2020 empowers the Authority to grant approval to modify , re plan or cancel any scheme or part thereof in the specified area.
3. The learned counsel for the Capital Development Authority (Hafiz Arfaat Ahmed Ch., Advocate) has stated that the layout plan was approved keeping in view the required civic facilities relating to the scheme. He has, therefore, stated that the scheme cannot be modified by the Authority without meaningful consultation with the Capital Development Authority established under the Capital Development Authority Ordinance, 1960.
4. The learned counsel who has appeared on behalf of the Authority (Mr Ali Nawaz Kharral, Advocate), taking a fair stance, has stated that if the petitions are converted into representations, then they will be decided by the competent authority after affording a reasonable opportunity of hearing to the petitioners.
5. In the light of the above statement, the petitions at this stage are premature. The petitioners may submit their respective representations before the competent authority of the Authority . In case such representations are filed, then this Court expects that the competent authority after affording an opportunity of hearing to the petitioners will decide their grievances in accordance with law and pass a speaking order accordingly . It appears to this Court that in the light of the judgment of the august Supreme Court, dated 08- 10-2020, passed in Civil Appeals No.1476 to 1485 of 2018 titled 'Federal Government Employees Hous ing Foundation (FGEHF , Islamabad) and others v.
Malik Ghulam Mustafa and others' , consultation with the Capital Development Authority is necessary before modifying the scheme. It is expected that the Authority will decide the matter strictly in accordance with law. It is further expected that the Authority will decide the matter expeditiously and with due diligence, preferably within sixty (60) days from the date of receiving certified copy of this order .
6. The petitions are, therefore, disposed-of in the above terms.