| Case ID |
1f21df45-0d0f-412a-867a-6b4e544e0ee9 |
| Body |
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| Case Number |
Writ Petition No.14504 of 2000 |
| Decision Date |
Jun 05, 2013 |
| Hearing Date |
Mar 14, 2013 |
| Decision |
The Islamabad High Court accepted the writ petition filed by Muhammad Sadiq, directing the Capital Development Authority to issue a 'No Objection Certificate' for construction on his land. The court found that the objections raised by the Authority regarding the ownership of the land were without merit, as the ownership had been confirmed in previous civil proceedings. The court emphasized that the demarcation report was valid and should be accepted, ordering the Authority to issue the certificate within two months. |
| Summary |
In the case of Writ Petition No.14504 of 2000, the Islamabad High Court addressed the dispute between Muhammad Sadiq and the Capital Development Authority (CDA) regarding a 'No Objection Certificate' for construction on land that Sadiq owned. The court underscored the significance of the demarcation report, which had confirmed that a portion of Sadiq's land was within the CDA's jurisdiction. The court ruled that the CDA could not contest Sadiq's ownership due to prior legal confirmations. The judgment emphasized the authority's failure to substantiate its objections during the proceedings, leading to the directive for the issuance of the NOC. The case highlights issues of property rights and administrative authority in urban development, reinforcing the importance of following legal protocols in land ownership disputes. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, J
|
| Lawyers |
Ch. Mushtaq Ahmed Khan for Petitioner,
Mian Muhammad Hanif for Respondents
|
| Petitioners |
MUHAMMAD SADIQ
|
| Respondents |
CHAIRMAN, CAPITAL DEVELOPMENT AUTHORITY and others
|
| Citations |
2013 SLD 921,
2013 CLC 1841
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Capital Development Authority Ordinance (XXIII of 1960),
Constitution of Pakistan, 1973
|
| Sections |
12,
199
|