| Citation(s) |
|---|
| 2018 SLG 1997 2018 SLD 1997 2018 CLC 1497 |
Peshawar High Court
Writ Petition No. 348 of 2011 with I.R. with C.Ms. 99-P, 837-P of 2014 with COC No. 137-P of 2014, decided on, 11-02-2016.
YAHYA AFRIDI, JUSTICE ROOHUL AMIN KHAN, JUSTICE
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Writ Petition No. 348 of 2011 with I.R. with C.Ms. 99-P, 837-P of 2014 with COC No. 137-P of 2014, decided on, 11-02-2016.
YAHYA AFRIDI, JUSTICE ROOHUL AMIN KHAN, JUSTICE
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M/S SHAMSI BUILDERS LTD.
VS
THE GALIYAT DEVELOPMENT AUTHORITY, THROUGH DIRECTOR GENERAL, ABBOTTABAD AND 3 OTHERS
Law:
Section:
Galiyat Development Authority Act (VII of 1996)--- ----S. 5 & Preamble---Galiyat Development Authority (Building Control) Rules, 2012---Master plan of Galiyat---Building Regulations, violation of---Environmental damage --- Commission constituted by the High Court to report on the latest status of the Master Plan of Galiyat including its purpose, date of preparation, and any modification at a later stage and details of its violation, if any; to report on the latest status of the Building Regulations and details of its violations including scrutiny of certain violations pointed out by National Accountability Bureau (NAB) and Galiyat Development Authority (GDA); to consider if the Master Plan and Building Regulations were prepared taking into consideration the sensitivity of the environment, and whether the development in Galiyat was in line with the requirements of Environmental laws; to identify shortcomings in the Master Plan and Building Regulations, and suggest amendments for conservation and protection as well as steps to be taken to nullify the adverse environmental damage already committed in the area---Commission submitted its long term and short term recommendations---High Court endorsed the recommendations made by the Commission and directed that the progress report about steps already taken by the Galiyat Development Authority (GDA) for the formulation of the Master Plan and the Land Use Plan should be placed before the High Court on or before the next date of hearing; that guidance and assistance of professional statutory bodies should be sought as it would be a positive step in fulfilling a constructive resolution of the grave violations highlighted by GDA and NAB; that GDA should strictly ensure that all the alleged violators were not only served notices in writing but were also provided an opportunity of hearing before any adverse actions were taken against them; that for ensuring service, alleged violators should also be served through public notice in daily newspapers so that there was no grievance of violation of principles of natural justice; that complete ban on all construction work in Galiyat was not appropriate, therefore to ensure that…
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