Law: North-West Frontier Province Local Government Ordinance (IV of 1979)

Section: 79(4)

Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) North-West Frontier Province Local Government Ordinance (IV of 1979)--- ----S.79(4)---Building plan, sanction of---Failure to pass any order on application within sixty days---Effect---Where approval of a building plan is not accorded within the prescribed period, presumption would be that the same has been approved after it was submitted before the Authorities concerned. (b) North-West Frontier Province Local Government Ordinance (IV of 1979)--- ----S.79(4)---Constitution of Pakistan (1973), Arts.185(3) & 199--­Constitutional petition---Maintainability---Building plan, sanction of--­Authorities objected to the construction of the buildings raised by the respondents on the ground that the same were constructed without sanction of building plans---Respondents had applied` such sanction and no order was within sixty days of the application---Buildings were constructed after prescribed period---Objection of the Authorities was assailed in Constitutional petition before High Court and the petitions were allowed--­Contention of the Authorities was that the respondents had no legitimate cause of action and they approached the High Court with unclean hands--­Validity---Respondents had legitimate cause of action and they had approached the Court with clean hands supported by documents---High Court while deciding the Constitutional petition had rightly perused and, examined the documents---Judgment of High Court was based on proper appreciation of the facts, law and equity and the same did not call for any interference by Supreme Court---Leave to appeal was refused. Raza Khan v. Vice-Chancellor, N.-W.F.P. University -of Engineering and Technology, Peshawar 1982 SCMR 560; Abdur Rashid v. Pakistan and others 1969 SCMR 141; Saifullah Khan and others v. Settlement Commissioner and others 1982 SCMR 853; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 and Deen Carpets Ltd. v. Iqbal Ghuman, I.T.O. and another PLD 1989 SC 516 distinguished. JUDGMENT DEEDAR HUSSAIN SHAH, J---This judgment will govern Civil Petitions Nos. 1898, .1899, 1900 and 1901 of 2000, as the facts and case-law are identical and same, as well as these are…

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