Town Planning Scheme

Town Planning Scheme according to which building operations in respect of specified space were permanently prohibited had been approved under S.260, City of Lahore Corporation Act, 1941

Petitioners having obtained approval of the scheme under S.260, City of Lahore Corporation Act, 1941, could not now urge that same was not under the said section

Provision of S.260, City of Lahore Corporation Act, 1941 provided an elaborate procedure for initiating a scheme

Jurisdictional facts necessary for making reservation under the provisions of the Act had been enumerated with particularity

For relaxation of prohibitions contained in the Town Planning Scheme, procedure had not been followed either on the direction of the Government or independently by the Corporation

It was not shown that removal of prohibition contained in CI. (b), S. 260, City of Lahore Corporation Act, 1941, followed the disappearance of the ground or factor which necessitated the prohibition

In the absence of express power to that effect and in view of restrictions contained in General Clauses Act, 1897, it was incumbent upon the Corporation to adopt proper procedure and also to spell out satisfaction of jurisdictional requirement

That having not been done, order of Corporation whereby it had ordered relaxation of prohibited specified area allowing therein building of Housing Scheme suffered from legal defect not only in form but in substance as well.