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IJAZ AHMED vs GOVERNMENT OF PUNJAB S — 2023 CLC 999 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 999 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
IJAZ AHMED vs GOVERNMENT OF PUNJAB S
Subject matter
Constitutional
Provisions referred to
S. 12-; S. 259---C

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

IJAZ AHMED VS GOVERNMENT OF PUNJAB S.12-a---Punjab Local Government act (XIII of 2019), S. 259---Constitution of Pakistan, art.140-a---Constitutional petition---Establishment of private market---Land use planning and land use permissions---Scope---Petitioner was required, according to the impugned order, to obtain approval for the building plan from the District Council regarding private market project and pay a certain conversion fee---Petitioner contended that approval for the private sector market had been granted by the Chairman of the Punjab agricultural Marketing Regulatory authority under S.12-a, therefore, permission to raise a commercial building or a private market project did not require approval from the District Council or the payment of a conversion fee---Petitioner also argued that S.12-a, being a special law, excluded the applicability of any other law---Validity---Section 12-a merely acknowledged the entitlement for the establishment of the facility and exclusivity was only extended to the extent of granting licensing rights for the establishment of a private market---Exclusion of any other law had to be read in the context of the privilege of a license to establish a private market and not otherwise---It was a misconception to assume that the Punjab agricultural Marketing Regulatory authority had replaced the functions and powers of the Local Government, as catered for in terms of art.140a of the Constitution---No illegality was found in the impugned order---Constitutional petition was dismissed.

Other judgments reported in 2023 CLC

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