1. ' SARDAR MUHAMMAD SHARIF KHAN, ACTG. C. J.-By this writ s dated 24-11-1979 and 3-3-1980, respectively made by the Estate Officer, Mirpur Development Authority and the Chairman, Mirpur Development Authority are called in question by the petitioner under which transfer of Plot No, 134 situate in Sector F-2, Mirpur from the name of the original allottee was allowed in the name of respondent No, 3 namely Ghulam Shabir.
2. ' According to the claim of the petitioner, plot in dispute was purchased by him from the legal heirs of the original allottee viz.; Major Muhammad Hanif Khan but his claim was objected to by respondent No, 3 before the Estate Officer alleging that plot in dispute was purchased by him from the very original allottee himself.
3. The controversy over the purchase of the plot was enquired into by the Estate Officer who came to the conclusion that sale of the plot by they original allottee himself was proved transacted with respondent No, 3 and thus the transfer to him was held valid with regard to the issuance of title certificate. He acted as a delegatee of the Chairman. This order of the Estate Officer went up to the Chairman who on a note made by a member of his staff agreed with the impugned order of the Estate Officer in light of the note made thereon by the said member subject to the condition that the controversy over the transfer of the plot in dispute with regard to the validity of transfer either way is a matter to be adjudged upon by a civil Court and that that was not within the competence of the authority or any of its officers.
4. ' A proposal for delegation of powers was put up before the Chairman who approved the same by which the Estate Officer was empowered to look into the matter regarding transfer of plots. The Chairman drew his powers of delegation from the proceedings of a meeting of the Board held on 2-6,-1977 in which the powers and functions of the Authority were delegated to the Chairman and further it was observed that the Chairman would have powers to delegate the functions to be performed by him to any other officer of the Authority. It was so done by the Board in exercise of the powers vested in it under section 2 / of the Mirpur Development Authority Ordinance, 1974 which has since taken the shape of the Act. Section 27 of the Act runs as follows :- "Delegation of powers to Chairman etc.-The Authority may by general or special order, delegate to the Chairman, or a member or an officer of the Authority any of its powers, duties or functions under this Ordinance, subject to such conditions as it may think fit to impose."
5. According to this section the Chairman is not a delegating authority but a delegatee, who cannot as a delegate of the Authority, further delegate D his powers to any other officer of the Authority under law. After a meeting of the Board in June, 1977 referred to above, the Authority in exercise of the power vested in it under section 47 of the Act made some Regulations somewhere at the fag end of the year, 1977. By a Regulation contained in the said Regulation vide Regulation No, 2(1) (d) under the heading definitions by which the Chairman is shown authorized to delegate different functions to the Estate Officer to be exercised by him under the provisions of the said Regulations.
6. The Regulations define the powers of the Authority and not of the Chairman. By delegation of powers, the Chairman is to exercise the powers and functions to be exercised by the Authority as a delegatee under section 27 of the Act. Evidently, the delegation of powers by the Chairman as a delegatee under a Regulation is ultra vires to the provisions of section 27 of the Act and any Regulation framed under the provisions of the Act cannot be made contrary to the concerned provision of the Act. This delegation of powers by the Chairman to the Estate Officer under the Regulation is also subject to the approval of the Board which approval in this case as required by Regulation No, 2(1) (d) was not obtained from the Board.
7. ' That being so, for the reasons above, the impugned orders were made without lawful Authority and as such are of no legal effect. In the result, this writ petition is accepted and the impugned orders are set aside. However, the matter in issue may be taken up by the Chairman himself afresh and may deal with the same according to law, if sa advised and in case, it cannot be determined by him adequately and efficaciously, the question be left to the parties to get the same resolved through a Court of competent jurisdiction as was indicated in his note by a learned member of the administration of Mirpur Development Authority on whose note the impugned endorsement was made by the Chairman which stands annulled by this order.