Law: Cantonments Ordinance, 2002

Section: 170(1)

Cantonments Ordinance (CXXXVII of 2002)--- ----S. 170(1)---Amenity plot---Raising of residential structure on amenity plot---Issuance of no objection certificate---Suit of respondent was decreed’s/ defendant’s appeal was dismissed---Question as to whether amenity plot could be converted into a residential plot---Held, that Master plan/map was duly approved by the Cantonment Board and was also acted upon---Sale-deed was executed subsequent to the approval of Master plan/map---Mere execution of sale deed would not extend any right unto respondents to claim conversion of amenity plot into residential when Master plan/map of the housing scheme remained unrevised/unaltered---Limitations prescribed/defined in the Master plan/map would have preference---Neither the developer was impleaded as party to the proceedings nor same was produced as witness---None of the residents were impleaded as party to the suit, whose interest were intertwined with the determination of the controversy---Board was not obligated to effect extinguishment of amenity area by allowing conversion to residential area which per se was the violation of the Master plan/map and also prejudicial to the rights of the residents---Declared amenity plot could not be effaced/ removed from the master plan without adopting the procedures, if so, provided in law for alteration of plan/map---Revision petition against the decisions of the Courts below was allowed. JUDGMENT ASIM HAFEEZ, JUSTICE:---.--- Petitioner, being the Cantonment Board Sargodha, established under the provisions of Cantonments Act, 1924 and represented through the Executive Officer, assails judgment and decree dated 4.5.2019, whereby learned appellate Court dismissed petitioner’s appeal, and affirmed judgment and decree dated 2.2.2019 of learned trial court, in terms whereof respondents’ suit, seeking declaration and permanent injunction, was decreed. 2. The pivotal question, calling for adjudication, is whether petitioner was legally obligated to issue No Objection Certificate (‘NOC’) to the respondents and permit raising of construction of residential structure on a plot, declared and reserved as amenity plot in the Housing Scheme.…

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