MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD LUQMAN KAKAR VS QUETTA DEVELOPMENT AUTHORITY R. 149 (2)---Quetta Development Authority Ordinance (IV of 1978), Preamble & S. 40---Housing scheme---Conversion/usage of residential area into commercial area---Scope and effect---Petitioners, residents of a Housing Scheme being regulated under Quetta Development Authority/QDA (scheme-in-question), were aggrieved of involvement of the private respondents in commercial activities (in the shape of Offices, Clinics, Guest Houses, Restaurants and Schools etc.) in the residential area of scheme-in-question---Contention of the petitioners was that on account of mushroom growth of unlawful commercial activities, they were facing multifarious inconveniences---Validity---Rule 149(2) of the Balochistan Building Control And Town Planning Rules, 2022, prescribes a complete procedure to avail sanction or approval for converting residential area into commercial---Not a single document had been brought on record by the private respondents to show that any such prescribed sanction/approval for converting the disputed premises into commercial or any other particular purpose, other than the residence, had been obtained---Record also revealed that the QDA (Respondent) merely issued notices regarding violations to the private respondents yet the same were issued on temporary basis and there was nothing on record to show that any penal action was initiated or taken against them---Private respondents were involved in commercial activities in the residential area which wrong was recurring since long and the concerned authorities of the official respondents were negligent and remained mum---High Court directed the official respondents (Quetta Development Authority) to cease all commercial activities found in violation of applicable laws/ regulations immediately---Constitutional petition, was allowed accordingly.

MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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