Law:

Section:

Lahore Development Authority Building Regulations, 1984--­ . Petition dismissed ---- Regln. 10 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional jurisdiction, exercise of --- Alternate remedy available to petitioner --- Rejection of building plan --- Petitioner instead of availing remedy available to him in the form of appeal against the order of rejection of building plan filed Constitutional petition --- Constitutional petition being not maintainable in the presence of alternative remedy of appeal, petition was dismissed, Authority, however, undertook to decide petitioner's appeal if filed, under Regln. 10, Lahore Development Authority Building Regulations, 1984, on merits and not on the point of limitation. JUDGMENT This petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, has arisen in the following circumstances: ­ On 24-12-1990, the petitioner was granted an area of 2 Kanals 15 Marlas and 15 square feet of the State land on lease for the purpose of construction of a petrol pump by the Secretary, Government of Punjab, Colonies Department, which fact is evidenced from the lease deed, which was executed between the petitioner and respondent No. 4. A mutation viz. No.25854 dated 28-1-1991 was also sanctioned by the Assistant Collector and the petitioner was put in physical possession of the land by the Revenue staff, which fact is evidenced by the report Roznamcha dated 28-1-1991. Thereafter the petitioner applied for the grant of No-Objection Certificates to the District Magistrate as also to the Ministry of Natural Resources, Islamabad, which was duly granted to him. After having fulfilled all the formalities, the petitioner applied to the Lahore Development Authority for approval of the building plan in order to enable him to construct the petrol pump. It appears that on an objection raised by Water & Sanitation Agency, this application has been rejected on 5-1-1992. 2. Before the case could be argued on merits, learned counsel appearing on behalf of respondents No. 2 and 3 had raised a preliminary objection as to the…

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