Law: Disposal of Land by Development Authorities (Regulation) Act, 1998

Section: 3(2),4(e)(iii),6

Law: Constitution of Pakistan, 1973

Section: 18

(a) Disposal of Land by Development Authorities (Regulation) Act (XII of 1998)-------S. 3(2)---Punjab Commercialization of Properties Rules, 2001---Constitution of Pakistan (1973), Art.199---Constitutional petition---No Objection Certificate for establishing CNG Station on private residential plot, issuance of---Validity---According to Policy of Government, CNG Station could' be established at any site, which was commercial in nature---Petitioner had not alleged that such policy was ultra vires any law or NOC had been issued in violation thereof---Road on which such plots was situate had been declared to be commercial road through a notification, vires whereof were not under challenge before High Court---Petitioner had not alleged that any requirement necessary for completion of commercialization had not been fulfilled by respondent---Such plot (site) was commercial in nature---While allowing conversion of residential plot into commercial, no specific permission for establishment of CNG Station would be necessary---No legal infirmity in issuance of such no objection certificate had been established---High Court dismissed constitutional petition in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 18---Right to carry on business, trade or profession---No restriction thereto could be read into the law in the absence of a specific provision in the law regulating or otherwise applicable to such trade, business or profession. JUDGMENT SHEIKH AZMAT SAEED, J.---Through this Constitutional Petition No Objection Certificates (N.O.Cs.) issued by respondents No.2, 5 and 8 to 29 permitting the establishment of CNG Stations by respondents No.3 and 4 and respondent No.6 have been challenged. 2. Brief facts leading to the filing of this Constitutional Petition are that the petitioner is running 'a Petrol Pump at 233/B, Peoples Colony, Faisalabad for the last several decades. Respondents No.3 and 4 as well as respondent No.6 wish to establish CNG Stations at the properties owned by the said respondents respectively. Such properties are situated within the confines of the People Colony. The said respondents sought and were eventually granted the requisite N.O.Cs…

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