Law:

Section:

(a) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 12(2) & 49(c)---Islamabad Land Disposal Regulations, 2005, Rglns. 2 & 3---Plots---Categorization---Division or categorization of plots under Islamabad Land Disposal Regulations, 2005, is in pursuance of S. 12(2) as well as 49(c) of Capital Development Authority Ordinance, 1960. (b) Fine/penalty--- ----Imposition---Principle---Fine or penalty can be imposed through Rules or Regulations if it remains within the object and scope of parent statute. (c) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 12(2) & 49(c)---Islamabad Land Disposal Regulations, 2005, Rglns. 2 & 3---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Rglns. 2.1, 2.17 & 4.1---Plots, categorization of---Petitioners were running guest houses and commercial activities in residential areas and they were aggrieved of notices issued by the authorities---Validity---Capital Development Authority made reasonable classification by providing a category whereby professionals with permission of Capital Development Authority could use their properties for professional work provided the area used for such work was not more than 25% of the covered area and there was no complaint of nuisance by neighbours---Provisions of Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, was not discriminatory in any way or was in violation of parent statute---Guest houses were given commercial meters for electricity and when guests were accepted for consideration the use did not fall within the definition of "residential use" as provided in Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, therefore, use in question did not remain residential whereas, property was let out for residence, its use as residential building or a house within the meaning of the concepts as provided in the definition clause of Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, remained intact---Establishing and running of guest houses was though not prohibited under law, however, petitioners were to abide by Islamabad Residential Sectors Zoning…