Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)-------S. 77(4)---Sanction of site plan---Authority under S.77(4) of Punjab Local Government Ordinance, 1979 was required to pass the order on the application filed for the sanction of site plan within sixty days from filing of the same---Where Authority even long after expiry of statutory period of sixty days had failed to decide application, proposed site plan would be deemed to have been sanctioned by the Authority. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Scope---Petition under S.115, C.P.C. was competent only if Courts below had exercised jurisdiction not vested in them by law or failed to exercise jurisdiction so vested or had committed illegality or material irregularity in exercise of jurisdiction. Sar Anjam v. Abdul Raziq 1999 SCMR 2167; Abdul Rehman Wahla v. Dr. Sher Dil Batra PLD 1986 SC 234; Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88; Gulzar Khan v. Mst. Razia Begum and 2 others 1982 SCMR 843; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 and Administrator, City of Lahore v. Abdul Majeed AIR 1945 Lah. 81 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Scope---Interference by way of revision under S.115, C.P.C. was neither permitted nor warranted when neither was an infirmity nor material irregularity in the of the Courts subordinate to the High Court---Re-appraisal of evidence was not to be undertaken in revisional jurisdiction particularly when there was a concurrent finding of facts. Sar Anjam v. Abdul Raziq 1999 SCMR 2167; Abdul Rehman Wahla v. Dr. Sher Dil Batra PLD 1986 SC 234; Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88; Gulzar Khan v. Mst. Razia Begum and 2 others 1982 SCMR 843; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 and Administrator, City of Lahore v. Abdul Majeed AIR 1945 Lah. 81 ref. JUDGMENT Homi Jamshed Kaikobad brought a civil suit (Civil Suit No. 115/A of 1998) on the 26th of October, 1998, in the Civil Court at Murree, for a declaration that the Municipal Committee of Murree…

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