Law: Lahore Development Authority Land Use Rules, 2014

Section: 31(4)

Law: Constitution of Pakistan, 1973

Section: 199

Lahore Development Authority Land Use Rules, 2014-- ----R. 31(4)--Lahore Development Authority Rules 2020 (Rules 2020) R. 34(4)--Constitution of Pakistan, 1973, Art. 199--Application for grant of permission regarding commercialization fee--Rejected--Mechanism for ascertaining commercial value of land--Temporary commercialization--Determination of commercial value of land--Powers for issuance of valuation table--Applicability of valuation table--Temporary commercialization’s allowable, subject to fulfilment of conditions, both qua land and property - which reference to expression property, in context of of subject, is meaningful--It is evident that temporary commercialization is allowed on annul basis, which indicates that commercialization fee would be determined, independently for each particular year, on basis of valuation table available and applicable, showing assessed commercial value of land, either with or without structure(s)/ building(s), as case may be powers exercised for issuance of valuation table is not under challenge--It is declared that no illegality is found in order impugned and valuation able, notified and applicable at time of computation of commercialization fee, shall be benchmark for such determination - be it declaring value of land and structures/buildings thereupon separately or otherwise--Request for permission of commercialization of property(ies) of petitioners shall be considered in light of law, Rules and valuation table available and applicable, as case may be--Petition was dismissed. General Clauses Act, 1956-- ----S. 31(2)--Immovable property--Immovable property shall include land, benefits to arise out of land, and things attached to earth. ORDER This constitutional petition is directed against order of 22.03.2018, passed by Respondent No. 2 pursuant to the direction issued by this Court in constitutional petition bearing No. 109525/2017, in terms of order dated 23.11.2017. 2. Fact are straightforward. Petitioner is desirous of seeking commercialization of subject matter properties, details where are provided in the petition and has applied for grant of permission. It is the claim of the petitioner, as stated by learned…

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