CAPITAL DEVELOPMENT AUTHORITY vs SHUJA SHARIF S — 2026 CLC 767 ISLAMABAD

Case information

Citation: 2026 CLC 767 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: CLC
Parties: CAPITAL DEVELOPMENT AUTHORITY vs SHUJA SHARIF S
Subject matter: Criminal
Provisions referred to: S. 36; Capital Development Authority Ordinance

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

CAPITAL DEVELOPMENT AUTHORITY VS SHUJA SHARIF S. 36(3)---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Regln.2.17.3---Review---Jurisdiction---Non-confirming use of property---Petitioner / Capital Development Authority was aggrieved of order passed by Deputy Commissioner, who in exercise of powers of Commissioner had reviewed his earlier order and penalty imposed upon respondent / owner of the property was set aside on the allegation of non-confirming use of property in question---Validity---Scope of review under S.36(3) of Capital Development Authority Ordinance, 1960, is narrowly circumscribed and is limited to correcting clerical, arithmetical or patent errors---Deputy Commissioner in exercise of powers of Commissioner re-examined factual controversies already adjudicated upon and by substituting his own findings for those of Deputy Commissioner, transgressed jurisdictional limits of review---Such reasoning suffered from jurisdictional infirmity and amounted to illegal exercise of authority---Order in question passed in review, could not be sustained in the eyes of law, as the same was contrary both to the statutory scheme and to settled judicial principles regulating the scope of review---High Court set aside the order passed in review as the same suffered from inherent lack of jurisdiction---High Court remanded the matter to Deputy Commissioner to decide the matter afresh after providing opportunity of hearing to parties---Constitutional petition was allowed accordingly.

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