LAHORE: The government has accorded approval to a Lahore Development Authority’s proposal seeking imposition of penalties/fines on those involved in getting the land status changed for starting commercial activities.

A decision to the effect was taken after the LDA, through a proposal, briefed its governing body headed by the chief minister that the existing LDA Land Use Conversion Regulations-2020 don’t have provisions to impose penalties/fines on those involved in commercialisation through illegal land-use conversions, thus, not only, carrying out illegal commercial activities but also creating parking, traffic congestions and environmental pollution-related issues.

According to the proposal approved by the body, the LDA Act-1975 empowers the authority’s town planning wing to take action against illegal land use conversion/commercialisation, which is a cognisable offence. It reveals that the legal actions being taken by the town planning wing to stop illegal land use conversion at the moment under the laws included sealing of property, registration of FIR, caution mark on properties and disconnection of services.

Move to help generate revenue

The proposal mentions the Rules 31 states as “Action against illegal conversions. - The Authority may take action against illegal conversion of land use as per law for the time being in force.” It states that currently, the town planning wing deals cases as per provisions of LDA Land Use Rules 2020 and LDA Land Use Regulations that have no provision of imposing fine/penalty available ibid, thus arising need to impose penalty on illegal commercial activity to penalise the violators more effectively. The proposal suggests insertion of the penalty/fine in the Rules 31 to be charged as per rates with effect from the date of identification of illegal land use conversion.

For five marla plot, the proposed penalty, according to the proposal, would be one per cent of the total commercial value as per prevailing DC valuation table annually. For 10 marla, the fine at the rate of 1.25pc would be charged. Similarly, for above 10 marla up to one kanal and above one kanal properties, the fine would be charged at the rate of 1.5pc and 1.75pc, respectively.

“The penalty may be charged at the time of regularisation of change of land use or transfer of property or monthly/annually from the date of identification of illegality and request may be forwarded to senior member board of revenue for the appointment of collector under Land Revenue Act 1957 for recovery of arrears of land revenue and amount deposited under fee, fine/penalty head,” the proposal explains.

“We will be able to act after the proposal takes the shape of the law,” LDA’s Chief Town Planner (II) Azhar Ali told Dawn. “The decision will also increase our revenue.”

Mr Azhar said a structure can only be demolished if someone starts construction in violation of the approved design/map. But the actions against the buildings already constructed and converted or being converted to be used for illegal commercial purposes included sealing of property, registration of FIR, caution mark on properties and disconnection of services alone and there is no provision to impose penalties, he said.

To another question, he said if the LDA teams seal all such properties, which are in thousands, the business activities in Lahore would come to a grinding halt. “Thus, the only way to control such practices is to seal and impose major penalties on those trying to currently convert their buildings into commercial use unlawfully and clamp fine on already constructed and converted properties,” he said.

Published in Dawn, January 26th, 2024