Jamal Younas Mian vs Province of Punjab through Chief Secretary Punjab, Lahore Rr

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Jamal Younas Mian VS Province of Punjab through Chief Secretary Punjab, Lahore Rr. 13(2) & 14---Establishment /construction of a police station---Public building site---Encroachment over amenity area, allegation of---Primary allegation was that use of land for construction of police station had been allowed in a dominantly residential area, which, violated mandate of relevant laws / Rules---Validity---It was not disputed that site-in-question was designated as public building site in the Master Plan, since 1985---Public building, inter alia, included police station, besides other classes of buildings---Rule 13(2) of Lahore Development Authority Land Use Rules, 2014 protects the land use plans till such time that new Master Plan for Lahore Division was prepared or amended---Rule 14 of Land use Rules, 2014 provided that in case of any conflict or inconsistency in respect of the permitted and permissible uses in the existing master plan, preference would be extended to the Land use Rules, 2014, vis-à-vis other Rules---Petitioners failed to appreciate that grant of permission for construction of police station, at the site, already approved for public building site under approved Master Plan, did not imply conversion of land or revision or amendment in the Master Plan---Pertinently, site was designated and reserved for public building site, which could not be classified as residential area for the purposes of land use, merely because it was abutting residential area---There is no cavil that matters have to be decided in the context of peculiar facts---Even otherwise petitioners failed to show how they would be prejudiced by construction of police station---No case of encroachment of amenity area was made out---Decision to allow construction of police station at public building site otherwise was the domain of policy makers---Thus, High Court found no persuasive reason to exercise constitutional jurisdiction in absence of any breach of fundamental rights---Constitutional petition, being meritless, was dismissed, in circumstances.

Jamal Younas Mian vs Province of Punjab through Chief Secretary Punjab, Lahore Rr — 2025 MLD 1736 LAHORE-HIGH-COURT-LAHORE

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