Citation Name: 2024 YLR 783 LAHORE-HIGH-COURT-LAHOREBookmark this Case Messrs HADI DEVELOPERS PRIVATE LIMITED

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Citation Name: 2024 YLR 783 LAHORE-HIGH-COURT-LAHOREBookmark this Case Messrs HADI DEVELOPERS PRIVATE LIMITED VS GOVERNMENT OF THE PUNJAB Ss. 166, 167, 168 & 169---Preliminary planning permission of a private housing scheme---Administrator, powers of---Scope---In the case reported as Messrs Mazhar Hussain Goraya v. Government of Punjab and others (PLD 2023 Lahore 257) the High Court held that Administrator can deal only with day-to-day affairs, which judgment (Mazhar Hussain's case) was suspended by the Division Bench of the High Court--- Petitioner (developers) sought direction for decision on its applications for Preliminary planning permission of a private housing scheme contenting that as the judgment in (Mazhar Hussain's case was suspended, thus the respondents (Administrator/Local Government) could exercise powers meant to be exercised by the elected Local Government---Validity---Suspension of judgment has effect only to the extent of the case i.e. in personum---Law or its interpretation, (the laid down law) cannot be suspended, being in rem, unless the law is otherwise interpreted and overruled by the Bench of higher strength---Law cannot be suspended, unless declared ultra vires---Judgment in Mazhar Hussain's case interpreted the Punjab Local Government Act, 2022, by referring to various provisions, which are unambiguous, therefore, the contention of the petitioners (regarding suspension of judgment), could not be taken as the law (laid down ) is suspended, hence, is binding on the Administrators and other officials working in and for the interim setup and any violation can lead to legal consequence against the delinquents---Request for Preliminary planning permission by the petitioner falls under Ss. 166 to 169 of the Punjab Local Government Act, 2022 which envisage a procedure to be carried out by the Head of Local Government with other elected office bearers---High Court, therefore, held that the law laid down in Mazhar Hussain's case is applicable and respondent Local Government, and other Local Governments, cannot exercise powers meant to be exercised by the elected Local Government---Permission for Preliminary planning, being outside the powers of interim Local Government, cannot be directed---Constitutional petition moved by the developers was dismissed, in circumstances.

Citation Name: 2024 YLR 783 LAHORE-HIGH-COURT-LAHOREBookmark this Case Messrs HADI DEVELOPERS PRIVATE LIMITED vs GOVERNMENT OF THE PUNJAB Ss — 2024 YLR 783 LAHORE-HIGH-COURT-LAHORE

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