| Case ID |
02f5ce1f-6e76-474a-812b-a1690dfeee2b |
| Body |
View case body. Login to View |
| Case Number |
Writ petition No.4251 of 2000 |
| Decision Date |
Dec 16, 2004 |
| Hearing Date |
Dec 16, 2004 |
| Decision |
The Lahore High Court dismissed the petition filed under Article 199 of the Constitution, asserting that the Lahore Development Authority (LDA) has the jurisdiction to modify sanctioned schemes in accordance with the law. The court held that the LDA acted within its authority when it amended the scheme to accommodate rightful landowners, emphasizing the necessity of public utility sites such as parks and community centers. The contention that certain plots must be reserved for public purposes was upheld, but the court recognized the LDA's obligation to comply with judicial orders regarding land allotment. The court concluded that the alterations made by the LDA were justified under the peculiar circumstances of the case, which involved historical land ownership disputes and the need for public utility spaces. |
| Summary |
In the case of Writ Petition No. 4251 of 2000, the Lahore High Court addressed significant issues regarding urban planning, land use, and the powers of the Lahore Development Authority (LDA) under the Lahore Development Authority Act, 1975. The petitioners challenged the LDA's decision to modify a sanctioned scheme that had earmarked land for community use, including parks and clinics, asserting that these plots should not be allocated for residential or commercial purposes. The court highlighted the balance between public interest and individual land rights, noting that the LDA's modifications were necessary to resolve longstanding disputes related to land ownership. The ruling reinforced the importance of public utility spaces in urban planning, particularly in Lahore, and emphasized that while the LDA has the authority to amend schemes, such changes must be executed with justification and adherence to legal procedures. This case serves as a critical reference for future disputes involving land use and the responsibilities of development authorities in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore Development Authority
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Ch. Shaukat Ali Saqib for Petitioner.,
Mian Muzaffar Hussain for Respondent No. 1.,
Ch. Khurshid Ahmad for Respondents Nos. 2 to 11.
|
| Petitioners |
Ch. MUHAMMAD YOUSAF
|
| Respondents |
LAHORE DEVELOPMENT AUTHORITY and others
|
| Citations |
2005 SLD 1175,
2005 CLC 413
|
| Other Citations |
Ch. Mehraj Din and others v. Lahore Improvement Trust, Lahore through the Chairman PLD 1986 SC 673,
Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223
|
| Laws Involved |
Lahore Development Authority Act,
Constitution of Pakistan
|
| Sections |
14,
199
|