Law:

Section:

Lahore Development Authority Buildings Regulations, 1984----Regln. 10---Constitution of Pakistan (1973), Art.185(3)---Illegal construction---Plan not sanctioned in sixty days---Presumption---Building was raised by owner with three basements, one lower ground floor, one ground floor and ten floors above the ground---Entire construction was raised illegally without seeking any permission from authorities---Owner. of building did not provide structural calculations and structure stability certificate from any qualified structural engineer---Plea raised by owner of building was that when a plan was submitted with Lahore Development Authority seeking its approval for construction of a project and if such approval was neither granted nor refused within sixty days then builder was entitled to presume grant of such approval and was thereafter legally entitled to construct such project---Validity---In absence of such certificate stability of such huge structure was open to serious doubts---Nothing was on record to indicate that during construction of building any proper testing of structure at crucial stages of construction had ever been done because no certificate was. ever supplied by owner in such connection---Retaining walls of basements required extraordinary safety precautions, quality control and workmanship for stability and sustainability of structure at all times---Nothing was ever offered by owner to establish any such guarantee---Adequate fire-fighting arrangements' had to be made in building and there was no proof that the same had been done---Adequate and convenient access to building had to be provided to meet any emergency situation but there was no proof that such had ever been done---Supreme Court declined to permit such structure to stay as in given circumstances---Supreme Court observed that no responsibility could be taken for stability of such structure and consequently of lives of persons using the same or persons who would at any time be present in adjoining areas or adjacent properties---Owner of building had not only shown a brazen and determined disregard and contempt for laws regulating the subject but had also displayed a callous disrespect…

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