Raja ZAHOOR AHMED vs CAPITAL DEVELOPMENT AUTHORITY S — 2022 PLD 22 ISLAMABAD

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Raja ZAHOOR AHMED VS CAPITAL DEVELOPMENT AUTHORITY S. 11---Master plan---Compliance---Scope---Compliance with Capital Development Authority Ordinance, 1960, Master plan approved and rules and regulations framed, is mandatory---Capital Development Authority is not vested with power or mandate to frame regulations in breach of provisions of Capital Development Authority Ordinance, 1960 or in conflict with Master plan approved by Federal Government or prepare any schemes that are not in conformity with approved Master plan or exercise discretionary authority to take decisions such that they are in contradiction with Master plan or the regulations promulgated under Capital Development Authority Ordinance, 1960, whether in relation to development of schemes, authorization of construction or land and property use---Any decision of Capital Development Authority in breach of provisions of Capital Development Authority Ordinance, 1960, rules and regulations framed thereunder or in conflict with Master plan is devoid of legal authority and can neither be protected under doctrine of locus Poenitentiae nor can give rise a legitimate expectation on part of a resident to continue to be treated in accordance with such unlawful decision---Right to have zoning, building control and property use powers vested in Capital Development Authority exercised in accordance with Capital Development Authority Ordinance, 1960, rules and regulations framed thereunder and Master plan is a collective right of all residents of Islamabad and cannot be overridden by any contrary interest set up by an individual or a group of individuals---To ensure that properties are subjected only to such use as is authorized by regulations promulgated under Capital Development Authority Ordinance, 1960, is a mandatory obligation of Capital Development Authority.

Raja ZAHOOR AHMED vs CAPITAL DEVELOPMENT AUTHORITY S — 2022 PLD 22 ISLAMABAD

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