Law: Lahore Development Authority Land Use Rules, 2014

Section: R.28,34(2)

Lahore Development Authority Land Use Rules, 2014--- ----Rr. 28 & 34(2)---Permanent commercialization of property, payment of--- Prescribed rates---Applicability---Submission of title documents---Requisite--- Petitioner was owner of land in question and paid partial fee to seek permanent commercialization of his property but Lahore Development Authority refused on the grounds that valuations had changed vide notification dated 29-06-2017 and petitioner was required to resubmit fee on new rates---Validity---Petitioner was using land in question on commercial basis and was granted temporary commercialization prior to promulgation of Lahore Development Authority Land Use Rules, 2014 and subsequent to their enforcement--- Petitioner continued to use property for commercial use and a payment of Rs.1 million was made by petitioner by a pay order which was encashed by Lahore Development Authority---Payment was clearly made for conversion fee which petitioner was obliged to pay under R.28 of Lahore Development Authority Land Use Rules, 2014---Documents of title of petitioner had already been submitted to Lahore Development Authority and were in record since 2015---No requirement existed in Lahore Development Authority Land Use Rules, 2014 that a person applying for conversion should submit title documents along with application as required by Lahore Development Authority---Letter issued by Lahore Development Authority was not in furtherance of procedural formality prescribed by law and a bounden duty to be fulfilled by petitioner---Rate applicable to case of petitioner must be determined on basis of date of application and during which applicable rate list was issued---Petitioner was not liable for payment of conversion fee at rate to be determined at whim of Lahore Development Authority---High Court declared act of Lahore Development Authority to demand conversion fee from petitioner at rate mentioned in notification dated 29-06-2017 to be ultra vires and without lawful authority---High Court directed Lahore Development Authority to issue demand notice to petitioner based on rate list for 2016-17---Constitutional petition was allowed accordingly. THIS JUDGMENT…

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