Malik GULL ZAMAN vs DEPUTY COMMISSIONER S — 2022 CLC 1261 LAHORE-HIGH-COURT-LAHORE

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Malik GULL ZAMAN VS DEPUTY COMMISSIONER S.284 & 5th Schd., item No.62---Erection/re-erection of a building without approval of the site/building plan---Petitioner failed to provide copy of the sanction site plan---Chief Officer, Town Committee issued notice with averments that petitioner constructed 22 shops without getting sanction of plan---Said Officer warned that in case of failure to submit fresh map/plan along with dues for approval within three days, such illegal construction would be demolished---Said shops were subsequently sealed---Held, power to seal the shops was not to be exercised automatically where the construction was against the approved plan/plan was not got approved---Authority regardless of the legal status of the shops should be satisfied that the sealing of the shops was necessary to avoid any serious threat to the public health, safety, welfare or danger to life and property---Written order of concerned officer as denoted by S.284 of Punjab Local Government Act, 2019 was lacking---Municipal Committee admitted that record of deposit of receipt was not available and was destroyed due to riots---FIR was also got registered in that regard---Municipal Committee never asked the petitioner to demolish/make alteration in the building nor demanded any composition fee during the period when the area of shops remained within its local limits---Silence for such a long period tantamount to acquiescence---No provision and procedure was available in the Punjab Local Government Act, 2019 for approval of a site plan for erection and re-erection of a building; how the authority of a Town Committee could ask for submission of a plan for fresh approval thereof; would issue notices for its non-compliance; and taking any action for violation of the Punjab Local Government Act, 2019---Shops of the petitioner were sealed without any prior inquiry to determine whether there was any serious threat/danger to public life/property and secondly it was without hearing, hence was violative of fundamental rights and therefore without jurisdiction/authority---Constitutional petition being maintainable was accepted---High Court referred the matter to Town Committee for decision afresh through detailed reasoning; and required the authority in case of petitioner's failure in proving approval of site plan in his favour, to see the possibility of grant of ex-post facto approval of the site plan if the concerned Act and Rules provided any mechanism/procedure; and also directed to immediately de-seal the shops.

Malik GULL ZAMAN vs DEPUTY COMMISSIONER S — 2022 CLC 1261 LAHORE-HIGH-COURT-LAHORE

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