2005 PLP 215 (MLD)

6. Section 10 of LDA Building Regulation, 1984, provides period for approval of construction plan which is reproduced as under:‑‑ Period of approval:‑‑‑(i) Within 60 days after the receipt of an application for permission to carry out building works, the competent authority shall:‑‑ (a) Pass orders, granting or refusing permission to carry out such building works and in the case of refusal specify the provisions of the Regulations violated or (b) require further details of the plans, documents, specifications and any other particulars to be submitted to it. (ii) If the competent authority shall not have passed orders granting or refusing permission specifying the provisions of the Regulations violated within 60 days following the day on which all the necessary information has been furnished and all documents, plans, specifications and particulars called for have been submitted; or if such additional particulars have not been called for within said 60 days from the receipt of an application, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of these Building Regulations, scheme provisions if any, and Controlled Area requirements as the case may be."

7. The only objection raised by the respondents in their comments, is that the area under the mosque belongs to LDA and the petitioner has not paid the price of the same.

8. In the Holy Quran Almighty Allah in verse No.126 of Surah Alnisa' say that:‑‑ From the above, it is established that all lands of the world belong to "GOD" and the mosque' which is constructed on some portion of land in any part of world; that is a 'house 'of Allah' which is used by muslims mainly as a place for community‑worship of Almighty Allah, and no person or authority, in the world can claim price of that land which is under the house' of Allah: It means that it is the act of restraining the people of Allah to enter into the mosque for prayer. Almighty Allah, in Verse No. 114 of Surah Al- Baqara says that: It is the duty of Estate, Administration, the owner of Housing. Society, Municipal Corporations, Corporations and Town Committees to reserve places for Mosque rather from its own expenditure construct the mosque. In this context, Almighty Allah in Verse No. 18 of Surah Al -Tauba and Verse No.18 of Surah Al‑Haj say that:‑‑ From the above, it is manifestly clear that the demand of the authority for price of land on which the land had already been constructed, is contrary to the injunctions of Islam. LDA or its functionaries have no authority to demand the price for the place of worship. They must entreat forgiveness of GOD.

9. Section 12 of LDA Building Regulations, 1984 empowers the authority to charge fee which is as under:‑‑ Scrutiny Fees: ‑‑‑(i) The Authority shall charge for the scrutiny of building plans required to be submitted under these regulations and other matters arising during the disposal of plans or in course of its construction a fee to be known as 'Scrutiny Fee' at rates specified in Appendex ; 'C' and in such manner as may be fixed from time to time. (ii) The Authority may exempt from the payment of Scrutiny fee the premises, which in the opinion of the Authority will be used I for religious, charitable or educational purposes. Therefore, neither any kind of fee or price of land can be claimed or demanded from the petitioner by the LDA authorities and they have no authority to refuse the sanction of Map/plan of the petitioner for the re construction of mosque.

10. For, the foregoing reasons, the act of respondents/LDA, refusing to sanction site‑plan of mosque and demand of price of the place, on which, the mosque is already constructed, is declared illegal and without lawful authority, void and contrary to the injunctions of, "Quran and Sunnah". It is admitted that part plan is available in the file of LDA but the whole site‑plan is not available. If this is so, the petitioner will submit a fresh application along with site‑plan of the mosque for re construction of the mosque, with the LDA and the concerned authority is directed to approve the same within a fortnight and submit his compliance report to this Court.

11. The instant writ petition is disposed of in the said terms. M.I./A‑324/L Order accordingly.