1991 PLP 1812 (CLC)
Kh. ZUBAIR AHMAD and others‑‑‑Petitioners Versus DIRECTOR‑GENERAL, L.DA. and others‑‑‑Respondents
| Citation | 1991 PLP 1812 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Manzoor Hussain Sial, J |
| Parties | Kh. ZUBAIR AHMAD and others‑‑‑Petitioners Versus DIRECTOR‑GENERAL, L.DA. and others‑‑‑Respondents |
| Primary Law | Lahore Development Authority Building Regulations, 1984‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 1812 (CLC)?
This judgment primarily cites: Lahore Development Authority Building Regulations, 1984‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1812 (CLC)?
The case was heard and decided by the Lahore bench comprising: Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1812 (CLC) (Kh. ZUBAIR AHMAD and others‑‑‑Petitioners Versus DIRECTOR‑GENERAL, L.DA. and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Zafar for Petitioners.
- Khaqan Babar for Respondents.
- Date of hearing: 7th May, 1991.
Headnotes / Summary
‑‑‑‑Regln. No.10‑‑‑Statutory period of sixty days as prescribed in relevant Regulation having already elapsed after filing of original plan for construction of building and only obstacle in sanctioning plan by Authority having stood removed, no valid objection in sanctioning the original or revisional plan submitted by petitioners could be taken by Authority in circumstances.
Judgment & Decree
‑‑‑‑Regln. No.10‑‑‑Statutory period of sixty days as prescribed in relevant Regulation having already elapsed after filing of original plan for construction of building and only obstacle in sanctioning plan by Authority having stood removed, no valid objection in sanctioning the original or revisional plan submitted by petitioners could be taken by Authority in circumstances. Bashir Zafar for Petitioners. Khaqan Babar for Respondents. Date of hearing: 7th May, 1991. The petitioners being owners of Plot No.20/C situate within the Kashmir‑Egerton Road Scheme, Lahore submitted a plan to the L.DA. for obtaining sanction for construction of a building thereon. The building plan awaited sanction for considerable time which led the petitioners to file W.P No.3957 of 1987. The case came up for hearing on 18‑9‑1987 when Mr. Khaqan Babar, Advocate, learned counsel for L.DA. raised no objection for entertaining the building plan and gave undertaking to process the same in accordance with law. The petition was accordingly disposed of on the same day. The plan was not sanctioned rather another objection was raised that the same could not be sanctioned without clearance from the Provincial Government as the plot in dispute was attached with the premises of Aiwan‑e‑Iqbal Complex. Reference was made to the Building Regulations, 1984 which contained a stipulation to the effect that the plot in dispute was being acquired by the Government and no construction was permissible thereon. Hence this petition.
2. On 22‑4‑1991 the learned Advocate‑General (Mr. Maqbool Elahi Malik) stated that the Government had no intention to acquire the property in dispute for construction of Aiwan‑e‑Iqbal Complex whereupon the Legal Adviser. L.DA. stated that the plan submitted by the petitioners was being sanctioned. The only obstacle referred to above in sanctioning the plan by the L.D.A. since stood removed there was, therefore, no hitch in sanctioning the plan as stated by the Legal Adviser, .D.A. before this Court. The original plan for construction of the building had admittedly been filed in the year 1987 and the statutory period of sixty days prescribed in the relevant Building Regulation No. 10 had already elapsed, the L.D.A. therefore, could have no valid objection in sanctioning the original or the revised plan submitted by the petitioners.
3. In the result this petition is allowed subject to the observation that the plan submitted by the petitioners would be deemed to have been sanctioned subject to all just exceptions, with no order as to costs. H.B.T/Z-209/L Petition allowed.