CANTONMENT BOARD, SARGODHA vs SHAHBAZ FAROOQ S — 2022 YLR 1171 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1171 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: CANTONMENT BOARD, SARGODHA vs SHAHBAZ FAROOQ S
Subject matter: Civil
Provisions referred to: S. 170

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CANTONMENT BOARD, SARGODHA VS SHAHBAZ FAROOQ S. 170(1)---amenity plot---Raising of residential structure on amenity plot---Issuance of no objection certificate---Suit of respondent was decreed---Petitioner's/ defendant's appeal was dismissed---Question as to whether amenity plot could be converted into a residential plot---Held, that Master plan/map was duly approved by the Cantonment Board and was also acted upon---Sale-deed was executed subsequent to the approval of Master plan/map---Mere execution of sale deed would not extend any right unto respondents to claim conversion of amenity plot into residential when Master plan/map of the housing scheme remained unrevised/unaltered---Limitations prescribed/defined in the Master plan/map would have preference---Neither the developer was impleaded as party to the proceedings nor same was produced as witness---None of the residents were impleaded as party to the suit, whose interest were intertwined with the determination of the controversy---Board was not obligated to effect extinguishment of amenity area by allowing conversion to residential area which per se was the violation of the Master plan/map and also prejudicial to the rights of the residents---Declared amenity plot could not be effaced/ removed from the master plan without adopting the procedures, if so, provided in law for alteration of plan/map---Revision petition against the decisions of the Courts below was allowed.

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