Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 12(5)

Law: Islamabad Capital Territory (Zoning) Regulations, 1992

Section: 2(14),4(3)(a),(e)

Capital Development Authority Ordinance (XXIII of 1960)-- ----S. 12(5)---Islamabad Capital Territory (Zoning) Regulations, 1992, Rglns. 2(14) & 4(3)(a) & (e)---Illegal construction---Development of private Housing Scheme---Modalities and procedures---Petitioners had started development work on their land falling in Zone-3 of Islamabad Capital Territory for Housing Scheme---Petitioners assailed notice issued by Capital Development Authority on such development---Validity---Before carrying out development work on their land, petitioners did not obtain concurrence of Capital Development Authority in terms of S. 12(5) of Capital Development Authority Ordinance, 1960---Such construction and development activity carried out by petitioners on their land in Zone-3 of Islamabad Capital Territory had come within meaning of 'illegal construction' as defined in Rgln. 2(14) of Islamabad Capital Territory (Zoning) Regulations, 1992---Modalities and procedures framed under provisions of Islamabad Capital Territory (Zoning) Regulations, 1992 for development of private Housing Schemes in Zones 2 and 5 of Islamabad Capital Territory Zoning Plan, provided that Housing Scheme could be sponsored by a registered company or a cooperative society for an area not less than 100 acres falling within Zone-2 and 50 acres falling within Zone-5 of Islamabad Capital Territory Zoning Plan---No regulations were framed for housing scheme to be sponsored or developed in Zone-3 of Islamabad Capital Territory where land of petitioners was situated---Petitioners did not obtain permission from Capital Development Authority to construct buildings on their land, therefore, they had carried out developmental work in violation of prohibition contained in Regln. 4(3)(a) and (e) of Islamabad Capital Territory (Zoning) Regulations, 1992---High Court declined to declare notice issued by Capital Development Authority illegal and without lawful authority as to grant such relief to petitioners would tantamount to validating development and construction works carried out in stark violation of law---Petition was dismissed in circumstances. Abdul Qadeer Khan v. Chairman, C.D.A. 1999 YLR 247; Capital…

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