Pakistan Case Law
1986 SCMR 95

Ch. MERAJ DIN And Others vs LAHORE IMPROVEMENT TRUST

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Citation1986 SCMR 95
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1036 of 1981 R.S.A. No. 804 of 1980
Date1985-05-05
Judge(s)Aslam Riaz Hussain, Nasim Hassan Shah and Shafiur Rahman
Authored byShafiur Rahman
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter originated as a petition for leave to appeal before the Supreme Court of Pakistan, challenging the actions of the Lahore Improvement Trust regarding a private development scheme. The core legal question presented for examination is whether the Lahore Improvement Trust, having previously sanctioned a private scheme submitted by the petitioner, is legally estopped from subsequently pleading a lack of authority to sanction such a scheme or a lack of duty to obtain provincial government approval. Furthermore, the Court is tasked with determining whether the Trust can lawfully ignore its prior sanction when framing future development schemes. Pending the final adjudication of the appeal, the Court granted interim relief, ordering that the land owned by the petitioner at the time of the relevant notification be excluded from the implementation of the impugned scheme. The petitioner was directed to coordinate with the respondent to determine the precise area for exclusion. The Court granted leave to appeal to address these issues of administrative consistency and the binding nature of prior regulatory approvals.

Questions settled in this judgment
  • Can a statutory body, having sanctioned a private scheme, subsequently plead lack of authority to sanction it?
  • Is a statutory body bound by its prior sanction when framing future development schemes?
  • Can a statutory body ignore its own prior approval regarding a private scheme submitted by a petitioner?
leave to appealestoppeladministrative lawdevelopment schemeland acquisitionregulatory approval

ORDER

1. SHAFIUR RAHMAN, J.--Leave to appeal is granted to the petitioner to examine, inter alia whether after holding as a fact that the Lahore Improvement Trust had at an earlier stage sanctioned the Private Scheme submitted by the petitioner (issue No.2), it could be allowed to plead that it had no power to sanction it, nor had a duty to get it sanctioned from Provincial Government and in framing Scheme in future it could altogether ignore its earlier sanction.

2. Security Rs.2,500.

3. The petitioner shall be responsible for getting the appeal ready and complete in all respects for hearing within two months from today.

4. The extent to which the plaintiff owned the land on the date of notification shall meanwhile stand excluded from implementation of the impugned Scheme. For getting the exact area so excluded determined the petitioner shall approach and satisfy the respondent.

5. The record of the trial Court be called for and made available at the hearing.

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