| Citation(s) |
|---|
| 2016 SLG 2183 2016 SLD 2183 2016 YLR 525 |
Peshawar High Court
Writ Petition No. 2365-P of 2013, decided on 11-03-2015,Date of hearing: 10-03-2015.
WAQAR AHMAD SETH AND MUSARRAT HILALI, JUSTICE
Azhar Yousaf Khan for Appellant.Sabauddin Khattak and Rab Nawaz Khan, A.A.G. for
Respondents.
Writ Petition No. 2365-P of 2013, decided on 11-03-2015,Date of hearing: 10-03-2015.
WAQAR AHMAD SETH AND MUSARRAT HILALI, JUSTICE
Azhar Yousaf Khan for Appellant.Sabauddin Khattak and Rab Nawaz Khan, A.A.G. for
Respondents.
DR. ZAHOOR UL HAQVS.GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY LOCAL GOVERNMENT AND 14 OTHERS
Law:
Section:
Khyber Pakhtunkhwa Local Government Ordinance (XXVIII of 2013)--- ----Ss. 66, 71, Fourth Schedule, Serial Nos.5 & 12---Khyber Pakhtunkhwa Local Government Ordinance (IV of 1979), Ss.79 & 81---Khyber Pakhtunkhwa Building Regulations, 1985, Sched. B---Constitution of Pakistan, Art.199---Constitutional petition---Master plan, violation of---Petitioners were using residential buildings situated in residential areas for commercial purposes, therefore, authorities issued notices to petitioners directing them to stop such illegal use of buildings---Validity---Land specified for a particular purpose could not be used for any other purpose and specially in a circumstance when there was a specific bar even on competent authorities not to change original plan---Petitioners failed to justify the use of residential houses for commercial activities, besides conceding that they had no specific order in such respect by any of the authority, legal or otherwise, showing that they were permitted or authorized even for the time being to use premises under their occupation for any activity other than residence---No vested right was created in favour of petitioners as they were occupying premises for commercial activity other than residence, since long---Authorities had categorically stated that no owner/tenant had been granted permission to convert residential house into commercial enterprise, therefore, High Court could not issue directions to authorities to do what they were not required under the law/rules to do---High Court declined to interfere in the notices issued by authorities to petitioners---Petition was dismissed, in circumstances. Writ Petition No.1690-P of 2014, decided on 5-6-2014; C.Ps. Nos.1167 to 1173 of 2014, decided on 30th October, 2014 and Dr. Abdur Rauf and others v. Sh. Muhammad Iqbal and others 1991 SCMR 483 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:----------- Through this single judgment we intend to dispose of the instant Writ Petition No.2635-P of 2013 as well as the connected Writ Petitions Nos. 3152-P, 3375-P, 3380-P, 3468-P, 3491-P, 3492-P, 3548-P, 3653-P of 2014 and 47-P of 2015 as common questions of law and facts are…