LAHORE: If a site plan is submitted for its approval and remains pending without any objection by the Lahore Development Authority (LDA) for more than 60 days, it would be deemed to have been sanctioned, rules the Lahore High Court.

Justice Atir Mahmood passed the ruling dismissing a petition moved by the LDA for the demolition of a residential building allegedly built in industrial area against the rules.

A citizen, Manzoor Husain, had purchased an 18-marla plot adjacent to Gulberg III Industrial Area from the LDA for consideration of Rs40,000 per marla in 1995.

Site plan kept pending without any objection stands approved

The citizen filed an application with the LDA for approval of the site plan in 1996 followed by another in 1997 along with the proposed plan. He also deposited the requisite fee for approval of the site plan but despite repeated visits, the LDA did not sanction the site plan, which constrained the citizen to start construction.

The LDA instead of sanctioning the site plan started to threaten Manzoor of demolition of the construction without any lawful authority.

The citizen filed a suit before the civil court, which subsequently issued a decree in his favour during 2012. An appeal against the decree filed by the LDA was also dismissed by an additional district judge in 2017. Hence, it approached the high court through a petition.

The LDA pleaded that since the plot was allotted for a specific purpose of industrial set-up, therefore, the site plan for a residential building could not be sanctioned, therefore, the building erected on the plot was illegal and unlawful.

Justice Mahmood observed that the allotment letter did not suggest that the plot was an industrial plot rather it said it was a plot which was located adjacent to the Industrial Area, Gulberg-III, Lahore.

“Even, there is no clause or condition in the allotment letter that the plot will not be used other than for industrial purpose. Same is the position with the possession letter whereby the possession of the plot was handed over to the respondent,” the judge noted in the judgment.

And there was no other document on record which could suggest that the plot was an industrial plot meant only for industrial activity, the judge added.

“Therefore, I am not in consonance with the argument of learned counsel for the petitioner/LDA that the plot was meant for the industrial purposes only,” the judge said and added that there was no denial by the LDA that the site plan was submitted by the respondent but it could neither be objected to nor sanctioned by the authority till date.

Justice Mahmood observed that the LDA regulations clearly state that if a site plan is submitted for its sanction along with the payment of requisite fee and the same remains pending without any objection by the LDA for 60 days, it will automatically stand approved.

Therefore, the site plan submitted by the respondent/citizen that remained pending with the LDA without any objection beyond the period would be deemed to be an approved sanctioned plan.

“Since the LDA has not objected to the site plan during the period it remained pending with it, the authority cannot object to it subsequently, the judge ruled.

The judge observed that the counsel for the LDA had not been able to point out any such illegality in the impugned judgments and decrees.

“Therefore, no interference is called for and this civil revision has no substance which is accordingly dismissed,” the judge concluded the verdict.

Published in Dawn, June 16th, 2018