Law:

Section:

(a) Lahore Development Authority Act (XXX of1975)--- ----S. 45---Lahore Development Authority Building Regulations, 1984, Regln.96(4)---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Respondent's property adjacent to appellant's property was allowed to be commercialized by Authority without requiring "No-Objection Certificate" from owners of properties in neighbourhood---Appellant's Constitutional petition against such permission was dismissed by High Court ---Validity--­Applicability of Regln. 96(4), Lahore Development Authority Building Regulations, 1984 and production of "No-Objection Certificate" would necessitate resort to original scheme of plots in question---Residential plots of both properties in original scheme furnished strong evidence that both properties were abutting on road for which "No-Objection Certificate" was not required for declaring/allowing the same for commercial use---Permission granted by Authority for commercialization of respondent's property thus, did not suffer from any legal infirmity or jurisdictional defect. Ahmad Javed Shah v. Lahore Development Authority 1996 CLC 748; Akhtar Hamid Ghori and 4 others v. M/s. Saima Estate Developers and another 1989 CLC 2173 and Ardeshir Cowasjee, Karachi and 4 others v. M/s. Multiline Associates, Karachi and 2 others PLD 1993 Kar.237 ref. (b) Lahore Development Authority Building Regulations, 1984--- ----Regln. 96(4)---Qanun-e-Shahadat (10 of 1984), Art.114---Admission made by public. functionary---Such admission not found to be in accordance with relevant law and being erroneous, could not operate as estoppel and could not operate to be acted upon---No estoppel against statute could be pleaded. (c) Lahore Development Authority Building Regulations, 1984--- ----Regln. 96(4)---Constitution of Pakistan (1973), Art.23---Commercialization of property---Production of "No-Objection Certificate" from owners of adjoining property---Grant of permission to commercialize property should be liberally exercised so that owner of property could derive maximum benefits out of same without causing any injury to adjoining properties---Right of owner of immovable property would include right to…

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