AL-SAFA GOLDEN CO. (PVT.) LTD. vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2025 CLC 698 ISLAMABAD

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AL-SAFA GOLDEN CO. (PVT.) LTD. VS CAPITAL DEVELOPMENT AUTHORITY Ss. 42 & 54---Capital Development Authority Ordinance (XXIII of 1960), S. 49C---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Reglns. 2 & 3---Suit for declaration and injunction---Doctrine of locus poenitentiae---Cancellation of allotment---Violation of approved building plan---Floor Area Ratio (FAR), principle of---Applicability---Appellant/plaintiff company was aggrieved of cancellation of allotment of plot in question due to some alleged violations during construction pertaining to FAR---Validity---Neither any prior show cause notice was issued to appellant/plaintiff company for violation of Regln. 2.8 of Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, nor the same was discussed in Summary for Regularization dated 14-11-2017, wherein decision to cancel allotment in respect of subject plot was taken---Such cancellation of allotment of subject plot in favour of appellant/plaintiff company, vide Cancellation Letter in question was not justified on the ground of alleged violation of Regln. 2.8 of Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005---High Court declared that Cancellation Letter was illegal, void, and contrary to law for having been issued without prior show-cause notice for cancellation of subject plot---Decisive steps had been taken by appellant/plaintiff company, when construction was carried out in accordance with revised building plan at subject plot pursuant to the approval granted by respondents/CDA to enhance FAR by excluding common/circulation area---Doctrine of locus poenitentiae could not be invoked in case of an illegal order---Approval granted to appellant/plaintiff company for enhancement of FAR by excluding common/circulation areas was not illegal as enhancement/deviation of FAR was permissible under Regln. 2.4 of Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005---High Court set aside judgment and decree passed by Trial Court and suit filed by appellant / plaintiff company was decreed in its favour---Appeal was allowed accordingly.

AL-SAFA GOLDEN CO. (PVT.) LTD. vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2025 CLC 698 ISLAMABAD

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