Law:

Section:

Punjab Private Housing Scheme & Land Sub-Division Rules, 2010-- ----R. 42--Constitution of Pakistan, 1973--Art. 199--Constitutional petition--Launching of house scheme--Not approved from competent authority--Reserved for public purpose--Ownership of developer was required to verify from revenue department--Validity--Verification of developer's ownership is also necessary in order to ascertain which of facilities developers is required to provide in proposed town--Under Rules 2010 different facilities are to be provided in scheme based upon total area of scheme--An action without jurisdiction can be challenged in constitutional jurisdiction--There is no provision in Rules 2010, which grants powers to Local Government & C.D.D. to relax conditions mentioned in Rules. THIS JUDGMENT DELIVERED BY: SHEZADA MAZHAR, JUSTICE---.--- Through the present writ petition, the petitioner has challenged the letter dated 27.12.2013 issued by Local Government Community Development Department, Government of the Punjab whereby it was held that the access road to any proposed housing scheme does not necessarily have to be from a major road but can be through revenue path or other public roads of lesser width in case there is no other access option. 2. The petitioner claims that Respondent No. 4 alongwith his father launched a private housing scheme in the name of "Tasawar City" in the urban area of Khanewal. A marketing office was also established wherein a site-plan was also affixed. According to the said site-plan total area of the scheme is 62 kanals out of said 62 kanals petitioner and others persons of the Behnama purchased plots of different sizes. After purchase of plots petitioner came to know that the housing scheme of the petitioner is not approved from the competent authority. Therefore an application/complaint was moved against Respondent No. 4. During the pendency of complaint, Respondent No. 4 and his father submitted application/site-plan for only 32 kanals in order to save their land which was to be reserved for public purposes according to the total land i.e. 62 kanals. Submits that according to Rule 42 of the Punjab Private Housing Scheme & Land…

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