Law: Punjab Private Site Development Schemes (Regulation) Rules, 2005

Section: 6,8(4)(iii)

Law: Punjab Private Site Development Schemes (Regulation) Rules, 2005

Section: 6,8(4)(iii)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Punjab Private Site Development Schemes (Regulation) Rules, 2005-------Rr. 6 & 8(4)(iii)---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Interim injunction, grant of---Scope---Approval for construction---Principles---Plaintiff started developing housing scheme on his land and submitted layout plan to local government for approval but due to dispute regarding reserving of land for public amenity, authorities did not provide approval for construction---On filing suit by plaintiff, Trial Court as well as Lower Appellate Court granted interim injunction in favour of plaintiff to continue construction---Validity---Construction should be made after obtaining approved layout plan from competent authority and court could not permit construction not duly approved by the Authority---Permission by court would amount to bypassing mandatory requirement of law of obtaining approved plan before raising construction and clothe it with legitimacy under order of court---Public interest was of material and relevant consideration in either exercising or refusing to grant interim injunction; it would be gross violation of law and grave injustice to public-at-large, if a developer was allowed by way of interim injunction to develop housing scheme without wide roads, park, graveyard, school, mosque and other allied facilities---Injunction could not be granted in favour of a person, if he was proceeding to act contrary to law or was trying to make certain constructions which were contrary to granted sanction---Plaintiff failed to make out prima facie case which was an essential ingredient for grant of temporary injunction but such fact was not properly appreciated by courts below while granting temporary injunction in his favour---High Court in exercise of revisional jurisdiction set aside concurrent order passed by two courts below and application under O.XXXIX, rules 1 and 2, C.P.C., filed by plaintiff was dismissed---Revision was allowed in circumstances. The Engineer in Chief Branch through Ministry of Defence Rawalpindi and another v. Jalaluddin PLD 1992 SC 207; Pakistan…

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