| Case ID |
0fe9cd78-37d9-498a-b2c5-200e4e6a361b |
| Body |
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| Case Number |
W.P. No.2986 of 2014 |
| Decision Date |
Jan 01, 2016 |
| Hearing Date |
Mar 03, 2015 |
| Decision |
The Lahore High Court declared the order passed by the Housing Society as illegal and without lawful authority. The court emphasized that open spaces in housing societies cannot be allocated for residential or commercial purposes unless they are designated in an approved layout plan by the relevant development authority. The court ruled that the society must prepare a revised layout plan and get it approved from the Lahore Development Authority. The court also highlighted that if any subsequent orders were based on a void order, they too would be considered null and void. The petition was disposed of with directions for compliance with the law. |
| Summary |
In the case of Farzana Chaudhry v. Province of Punjab, the Lahore High Court dealt with significant issues surrounding the Co-Operative Societies Act of 1925, specifically focusing on the legality of plot allocations within housing societies. The petitioner, Farzana Chaudhry, challenged the actions of the Canal View Cooperative Housing Society regarding the improper conversion of open spaces into residential plots without the requisite approvals from the Lahore Development Authority. The court found that the Housing Society's actions violated established laws, as open spaces are protected under the act unless specifically earmarked in an approved layout plan. This decision reinforced the legal framework governing cooperative housing societies and the necessity for compliance with statutory regulations. The ruling is critical for residents and developers alike, ensuring that housing societies adhere to legal standards in land use and development. The court ordered the society to revise its layout and comply with the law, setting a precedent for similar future cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAJID MEHMOOD SETHI
|
| Lawyers |
Waqar A. Sheikh,
Muhammad Ejaz,
M. Javed Iqbal Qureshi
|
| Petitioners |
Farzana Chaudhry
|
| Respondents |
PROVINCE OF THE PUNJAB AND OTHERS
|
| Citations |
2016 SLD 3622 = 2016 MLD 1453
|
| Other Citations |
Province of Punjab through Collector, Sargodha and others v. Muhammad Akhtar 2007 SCMR 953,
Muhammad Raza and others v. Jammu and Kashmir Co-Operative Housing Society, and others PLD 2013 Islamabad 49
|
| Laws Involved |
Co-Operative Societies Act (VII of 1925)
|
| Sections |
44-D,
54
|