Law: National Highways and Strategic Roads (Control) Rules, 1998

Section: 3(iv)

Law: Constitution of Pakistan, 1973

Section: 199

Law: North West Frontier Province Building Regulations, 1985

Section: 11

(a) National Highways and Strategic Roads (Control) Rules, 1998------R. 3(iv)---Construction on road-side in violation of National Highways and Strategic Roads (Control) Rules, 1998---Validity---Any person/agency or body even if owns land, cannot carry out construction on the road-side in violation of the Rules---Construction, under R.3(iv) of the National Highways and Strategic Roads (Control) Rules, 1998, can only be carried out on the road-side beyong forty metres from centre line of the nearest carriage-way, in the case of sanction of National Highway or Strategic Road which is situated in Municipal limits. (b) North West Frontier Province Building Regulations, 1985----Regln. 11---National Highways and Strategic Roads (Control) Rules, 1998, R.3(iv)---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Building plan, cancellation of---Grievance of the petitioner was that he constructed his building after submission of his construction plan and on verbal consent of the Building Authorities---Building Authorities, on the report of the Highways Authorities issued notice for removal of. the construction for the reason that the construction was within forty metres from the centre of the road---Validity---Any construction falling within the forty metres from centre line of the road was a clear violation, at the same time the cancellation of layout plan as a whole was also not justified---Lay-out plan and construction plan would be allowed to the extent if not falling under the National Highways and Strategic Roads (Control) Rules, 1998---High Court advised the petitioner that he might submit amended layout plan accordingly in line with the directions--­High Court noticed that the agency while approving the site plan was not vigilant enough; it was included in their duty to inspect and examine the layout plan and proposed construction on the site before its approval and were under obligation to point out illegality or irregularity on the spot, if any, and would have directed the petitioner to amend his plan in such manner---High Court deprecated the conduct of the Building Authorities where the Authorities awoke on the objection of Highway…

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