Case Details

Citation(s)
2000 SLG 983 2000 SLD 983 2000 SCMR 1417 2000 SLD 1396 2000 SCMR 1417
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.432(L) of 1997, decision dated: 10-02-1998.
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ

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Dr. Miss HARRA ABDULLAH, PROFESSOR OF PAEDIATRICS (RETD.) F.J. MEDICAL COLLEGE, LAHORE and 3 others

verses

LAHORE DEVELOPMENT AUTHORITY, LAHORE through Director-General and 4 others

Law:

Section:

Lahore Development Authority Building Regulations, 1984--Regln. 96(A)(4)---Constitution of Pakistan (1973), Art.185(3)--­Commercialization of residential property---Failure to submit "no-objection certificates" from the owners of adjoining properties---Rejection of earlier application for commercialization---Effect---High Court while disposing of Intra-Court Appeal found that "no-objection certificate" was not required in respect of commercialization of the properties---Validity---High Court had rightly concluded in their finding, recorded after perusing the material available on record as also after hearing the parties in support of their respective cases, that the owner of property could not avail of the facility of commercialization of her property on account of her failure to deposit the fee in that regard---Leave to appeal was refused. Munir Ahmed Bhatti, Advocate Supreme Court instructed by Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners. Tanvir Ahmad, Advocate-on-Record for Respondent No.3. Date of hearing: 10th February, 1998. JUDGMENT CH. MUHAMMAD ARIF, J.---Leave to appeal is sought against the judgment, dated 11-2-1997 passed in I.C.A. No.254 of 1995, whereby judgment, dated 28-5-1995 made in Writ Petition No. 10326 of 1994, was upheld. 2: The dispute herein relates to commercialization of Property No.3/E-II, situated at Stadium Road, Gulberg-III, Lahore, owned by respondent No. 3 herein. 3. Mr. Munir…
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