Law: Law Reforms Ordinance, 1972

Section: 3

Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3--Development of private housing scheme--Application for electrification of housing scheme--Demand of NOC--Writ petition--Disposal of with direction not to demand of NOC--Requirement of NOC--Challenge to--Requirement of NOC being a policy matter could not be interfered in constitutional jurisdiction. Developer-- ----It means a company, co-operative society, firm, or owner of land who intend to develop a scheme or has developed a scheme after approval--Appeals dismissed. 1994 SCMR 782, PLD 1965 SC 725 and PLD 1971 SC 811 ref. JUDGMENT Abid Aziz Sheikh, JUSTICE.- This consolidated judgment will also decide ICAs mentioned in Appendix A of this judgment as common question of law and facts are involved in all these appeals. 2. Relevant facts which are more or less identical in all these appeals are that respondents have developed private housing schemes and applied for electrification of said housing schemes to Multan Electric Power Company (MEPCO) (appellant). For electrification of those housing schemes, the appellant demanded No Objection Certificate (NOC) from the respective Development Authorities to the effect that the master plan of the society has been approved by the concerned Development Authorities. The respondent being aggrieved filed constitutional petitions which were disposed of with direction that MEPCO will not demand NOC from Multan Development Authority (MDA)/Civic or concerned Authority for the electrification of the colony. The appellant being aggrieved of said direction in various writ petitions filed these appeals. 3. Learned counsel for the appellant submits that the requirement of NOC is prescribed under WAPDA Guidelines dated 26.09.1993 and also MEPCO Office Order dated 07.11.2019. He submits that even under relevant rules, the respondents are bound to procure NOC from the Development Authorities. He submits that some of the appeals were withdrawn because the housing schemes already agreed before learned Single Bench to produce NOC from the concerned Development Authorities. He further submits that the requirement of NOC being a policy matter could not be interfered in the constitutional…

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