Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), O. XXXIX, Rr. 1 & 2--Suit for declaration and permanent injunction--Purchasing of plot--Possession was handed over--Filling of application for approval of site-plan--Requisite fee for approval of site-plan was also deposited--Despite repeated visits, LDA did not sanction site-plan--Petitioner started construction--Issuance of notice regarding demolition of construction--Suit was decreed--Appeal dismissed--Concurrent findings--There is no clause or condition in allotment letter that suit plot will not be used other than for industrial purpose--It is unambiguously clear from above regulation that if a site-plan is submitted for its sanction before LDA authorities alongwith payment of requisite fee and same remains pending without any objection by LDA for 60 days, it will automatically stand approved--There are concurrent findings of law and fact against petitioner which are immune from interference by this Court in itsrevisional jurisdiction unless there is some gross illegality, jurisdictional defect, misreading or non-reading of evidence therein--Learned counsel for petitioner has not been able to point out any such illegality in impugned s and decrees--Civil Revision dismissed. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE---.--- Brief facts of the case are that the respondent filed a suit for declaration with permanent injunction against the petitioner with the averments that he purchased a plot measuring 18 marlas adjacent to Plot No. 28, Industrial Area, Gulberg- III, Lahore from the petitioner-LDA for consideration of Rs. 40,000/- per marla vide allotment Letter No. DEM.LDA/7044 dated 14.11.1995; that possession of the plot was handed over to the petitioner vide letter dated 28.11.1995 on 30.11.1995; that the petitioner filed application for approval of site-plan in the year 1996 followed by application dated 10.07.1997alongwith proposed plan; that requisite fee for approval of the site-plant was also deposited; that despite repeated visits, the LDA did not sanction the site-plant which constrained the petitioner to start the construction; that the petitioner…

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