Law: Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005

Section: 2,17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Islamabad Residential Sectors Zoning Building Regulations, 2005-------Regln. 2.17---Ban on non-conforming uses---Scope---Petitioner being owner of the house rented the same to another for residential purposes---Capital Development Authority (CDA) officials reported that the tenant had established an office in the said premises subsequent to which an ejectment petition was filed by the petitioner which was accepted---Deputy Commissioner CDA imposed a fine on the petitioner under Clause 2.17.3 of Islamabad Residential Sectors Zoning Building Regulations, 2005---Appeal against such order, filed before the Commissioner CDA, was dismissed---Validity---Petitioner, before issuance of notice by CDA, had not taken any action against his tenant for putting residential house to non-conforming use which reflected that the said violation was carried out with his consent---Words owner and the occupant were used in clause 2.17.3 of Islamabad Residential Sectors Zoning Building Regulations, 2005, so both were responsible, but if the tenant/occupant had vacated the premises then only the owner was liable for the penalties---Owner of the house/premises could not be absolved from the penal action by CDA, in case of any building violation---Owner could, however, initiate legal proceedings against his tenant for recovery of fine imposed by CDA and could also claim damages, etc. for loss/inconvenience caused to him due to violation committed by the tenant---Constitutional petition was dismissed.(b) Constitution of Pakistan-------Art.199---Constitutional petition---Certiorari, writ of---Scope---Writ of certiorari is available only to quash a decision for an error of law---Said writ will be issued for correcting errors of jurisdiction when an inferior Court or tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where the Court or a tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principles of natural justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction and will not review the findings of facts…