Case Details

Citation(s)
2004 SLG 2579 2004 SLD 2579 2004 PLD 305
Lahore High Court
Writ Petition No. 2155 of 2003, heard on 23rd December, 2003
TANVIR BASHIR ANSARI, J
Muhammad Munir Peracha for Petitioner. Malik Muhammad Nawaz for C.D.A./
Respondent No. 2. Munawar Akhtar for
Respondents/Applicants (in C.M.1072 of 2003)

SEEDS HIGH SCHOOL through Project Director

VS

GOVERNMENT OF PAKISTAN through Secretary of Ministry of Law and Justice, Islamabad and 2 others

Law:

Section:

(a) Capital Development Authority Ordinance (XXIII of 1960)------S. 51---Islamabad Residential Sectors Zone (Building Control) Regulations, 1993, R.5---Constitution of Pakistan (1973), Arts. 18, 25 & 199---Constitutional petition---Using building in residential sector for purpose of school since April, 2003---Notice to petitioner by Authority to desist from such non-conforming use of building---Contention of petitioner was that school having been started prior to 1999 was shifted to present location in April, 2003 was protected under the policy of the Authority---Validity---Petitioner upon such ground could challenge policy of relaxation of Authority---Petitioner's claim was not correct as she had not disclosed identity of premises, wherein school was functioning prior to December, 1999 despite clear denial of such fact by the Authority---Authority had acted tit concurrence with Private School Association of Islamabad in formulating classification of pre-1999 and post-1999 schools alongwith embargo that no new schools in residential sectors would be opened---Such criteria was lawful and reasonable--­Petitioner could not escape responsibility incurred by such association, even if not its member---High Court dismissed Constitutional petition. (b) Constitution of Pakistan (1973)--- ----Art. 18---Expression "lawful trade, business or profession" as used in Art. 18 of the Constitution---Connotation---Word "lawful" trade, business or profession is sufficient to qualify such right---Trade, business or profession can be hedged to the extent of a lawful prohibition imposed upon the same by law, whereafter such trade or business would become unlawful. (c) Constitution of Pakistan (1973)--- ---Art. 4---Word "Law" as used in Art.4 of the Constitution--­Connotation---Such word does not refer-to statute law only---Body of principles recognized and applied by the State in administration of justice would equally be recognized as law as contemplated in Art.4 of the Constitution. Administration of justice by Salmond rel. (d) Capital Development Authority Ordinance (XXIII of 1960)--- ----Preamble---Islamabad Residential Sectors Zone (Building Control) Regulations,…
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