Case Details

Citation(s)
2015 SLG 2117 2015 SLD 2117 2015 YLR 1522
Lahore High Court
Writ Petition No. 20815 of 2014, decided on 22nd December,2014. DATE of hearing: 9th December, 2014
SHAHID KARIM, J
Saad Rasool, Haseeb Ahsan Javaid and Anum Azhar for Petitioners. Ashtar Ausaf Ali for
Respondent No. 11. Waqar A. Sheikh for LDA. Munawar us Salam and Waleed Khalid for
Respondent No. 10. Rana Asad Ullah Khan for
Respondents Nos. 1 and 2. Waqar Ahmad Chau

Syeda ABIDA HUSSAIN IMAM and othersvsThe PROVINCE OF PUNJAB through Secretary and others

Law:

Section:

(a) Lahore Development Authority Land Use (Classification, Re-classification and Re-development) Rules, 2014--- ----Rr. 7 & 27---Lahore Development Authority Land Use (Classification, Re-classification and Re-development) Rules, 2009, R. 39---Constitution of Pakistan, Art. 199--- Constitutional petition---Classification of use of land---"Institutional" and "commercial" use---Distinction---Laches, principle of---Applicability--- Alternate remedy---Petitioners assailed re-classification of use of land by respondents for construction of multistoreyed building being constructed for use of office---Validity---No period for appeal (alternate remedy) was prescribed under R. 39 of Lahore Development Authority Land Use (Classification, Re-classification and Re-development) Rules, 2009, and in absence of anything to the contrary, nothing could be read into the law to such effect---Petitioners did not give any reason as to why they waited for two years to lay a challenge on such ground which could have been done earlier on coming to know about the fact of re-classification---One of the petitioners made use of re-classification in respect of his own properties---Definition of commercial use simply referred to land use which was predominantly connected with sale and distribution of goods and services and it related to general activity which could be called commercial in nature viz the sale and distribution of goods and services---Term 'institutional use' as used, had restricted the use to activities other than sale and distribution of goods and services---High Court declined to overturn notification of re-classification as the petition was barred by laches and a challenge on such account must fail too---Right of appeal was provided under R. 27 of Lahore Development Authority Land Use (Classification, Re-classification and Re-development) Rules, 2014, to any person aggrieved by an action taken under the rules within thirty days before government---Such issue having not been brought up by the parties, therefore, High Court did not deal with such aspect of the matter---Aggrieved person could make use of such provision, which right was not available under the provisions of…
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