| Case ID |
209c52d2-4706-4f67-9b17-7ba09daf6df4 |
| Body |
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| Case Number |
W.P. No. 2739 of 2016 |
| Decision Date |
Dec 27, 2017 |
| Hearing Date |
Dec 21, 2017 |
| Decision |
The Islamabad High Court dismissed the writ petition of Park View Enclave (Private) Limited, which sought to restore a No Objection Certificate (N.O.C.) that had been cancelled by the Capital Development Authority (CDA) for failing to comply with conditions related to land transfers. The court found that the petitioner had continued development work without the necessary N.O.C., despite repeated warnings from the CDA, which constituted 'unclean hands'. The court emphasized that the petitioner could not seek relief under Article 199 of the Constitution due to the inordinate delay in approaching the court and the failure to adhere to the regulatory requirements set forth by the CDA. The ruling reiterated that the law must be upheld and that equitable relief would not be granted to parties who disregard legal protocols. |
| Summary |
In the case of Park View Enclave (Private) Limited vs. Capital Development Authority, the Islamabad High Court addressed the cancellation of a No Objection Certificate (N.O.C.) issued to the petitioner for a housing scheme in Islamabad. The CDA had revoked the N.O.C. due to the petitioner's non-compliance with specific conditions, including the transfer of land reserved for public use. The petitioner challenged this decision, arguing that the cancellation was unjust and that they had complied with the regulations after the fact. However, the court ruled against the petitioner, citing the principle of 'unclean hands' and the notion that the petitioner had continued development despite the cancellation of the N.O.C. The judgment underscored the importance of adhering to legal and regulatory frameworks in urban development and highlighted the consequences of non-compliance. The case serves as a significant precedent regarding the authority of development agencies and the obligations of private developers in Islamabad. Keywords: housing scheme, Islamabad, N.O.C., Capital Development Authority, legal compliance, urban development, court ruling. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority,
Park View Enclave (Private) Limited
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Mr. Mujeeb-ur-Rehman Kiani,
Syed Qamar Hussain Sabzwari,
Mr. G. Shabbir Akbar,
Kashif Ali Malik
|
| Petitioners |
Park View Enclave (Private) Limited
|
| Respondents |
Capital Development Authority,
Two others,
Chairman of CDA
|
| Citations |
2018 SLD 404,
2018 PLJ 124
|
| Other Citations |
Not available
|
| Laws Involved |
Capital Development Authority Ordinance, 1960,
Constitution of Pakistan, 1973
|
| Sections |
11,
51,
199
|