Law: Lahore Development Authority Building and Zoning Regulations, 2019

Section: 2.5,10.3.3(g)

Law: Pakistan Environmental Protection Act, 1997

Section: XXXIV,12

(a)    Lahore Development Authority Building and Zoning Regulations, 2019-------Regln. 2.5---Right of way---Connotation---Right of way means width of street between two opposite property lines---It does not mean merely the road on which vehicles are intended to ply---It also includes footpaths for passengers and also green areas which are required to be maintained outside buildings by owners.(b)    Lahore Development Authority Building and Zoning Regulations, 2019-------Regln. 10.3.3 (g)---Pakistan Environmental Protection Act (XXXIV of 1997), S. 12---Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---No Objection Certificate from Environmental Protection Agency---Petitioners were aggrieved of construction of a multi-storeyed Apartment Building by the respondent which required no objection certificate from Environmental Protection Agency---Validity---Decision to require EIA or IEE was for LDA to make and Regln. 10.3.3 of Lahore Development Authority Building and Zoning Regulations, 2019, did in fact require an EIA, but for this condition ('Condition')---Policy regarding Apartment Buildings could not be viewed in insolation and in the setting of one particular building only---Canvas had to be widened and entire array of building which were under construction and their impact on environment had to be at the heart of the policy---Such condition was a serious clog on such effort which had to be struck down---High Court directed Lahore Development Authority to issue revised edition of Lahore Development Authority Building and Zoning Regulations, 2019 by deleting such condition--High Court further directed that henceforth any construction of Apartment Building would require EIA and NOC from EPA---Constitutional petition was dismissed, in circumstances.Standard Chartered Bank Limited through Constituted Attorney v. Karachi Municipal Corporation through Administrator and 9 others 2015 YLR 1303 rel.Date of hearing: 21st February, 2024.JUDGMENTSHAHID KARIM, J.---In this petition, the petitioners are owners of a house off Zafar Ali Road, Gulberg-V, Lahore (the petitioner No.1). During these…