Law:

Section:

Constitution of Pakistan (1973)--Arts. 185(3) & 199 --- Construction of building --- Approval of Municipal Authority --- Leave to appeal was granted by Supreme Court to examine question as to whether builder without any approved building plan or prior sanction of concerned Municipal Authority could raise construction of fifth Storey; whether High Court had lawful jurisdiction to entertain grievances of builders lessees and without existence of any tangible right could authorise construction of fifth Storey in building in question whether High Court without existence of approved plan was justified to base findings on opinion of legal adviser which, apart from being internal departmental arrangement, was privileged communication, having no binding effect, whether builders of their own choice could arbitrarily determine conversion charges and construct building without proper approval of Municipal Authority; whether or not grant of approval was discretionary matter which was regulated by rules; what was criteria for conversion charges and whether such charges were payable on rate prevalent at time when application for conversion was submitted or when sanction was actually accorded by Competent Authority and whether High Court while deciding rate of conversion could dilate upon disputed factual controversy existing between parties, without resorting to evidence and what was its effect. ORDER MUNAWAR AHMED MIRZA, J. ---This petition for leave to appeal is directed against judgment dated 5-5-1998 passed by Lahore High Court, Rawalpindi Bench, in Writ Petition No.2913 of 1997. 2. Relevant facts briefly mentioned are that petitioner (Capital Development Authority) had leased out Plot No. 13. Murkaz G-8. Islamabad, to respondents on 7th June, 1978 for construction of Cinema against payment of Rs.7,15,555.56 (Rupees seven lacks fifteen thousand five hundred fifty-five and paisas fifty six only). Subsequently, respondents applied for conversion of his use from cinema to residential flats consisting of five storeys. Petitioner allowed request of respondent subject to payment of conversion charges at the prevalent rate of Rs.3,140.76 per sq yard vide order dated…

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