Non-construction on regulated plots
LAHORE
The Lahore High Court has struck down Lahore Development Authority policy of imposing penalty/surcharge on citizens for non-construction on LDA regulated plots.
Justice Shahid Karim struck down the policy issuing an order on a petition moved by a company challenging a notice of the LDA for recovery of surcharge for not carrying out construction on a plot. In his verdict, Justice Karim ruled that the LDA Act 1975 provides no power to LDA to make such impositions which made it unlawful and ultra vires of the act and even otherwise, the policy was nothing more than instructions by the provincial government to LDA, which even otherwise did not have binding effect. Barrister Ahmad Qayum argued on behalf of the petitioner that impugned notice issued by the LDA was illegal and the authority was not empowered to charge the same. He argued that the same was contrary to the fundamental rights of his client who could not be charged penalty or surcharge for not constructing on what was his own land. The counsel said as to why the LDA should be paid if a citizen chose not to construct or was unable to construct on his/her land. Allowing the petition, the judge not only set aside the impugned notice of the surcharge recovery but also struck down the policy under which it was charged.
Prosecution: The Lahore High Court Chief Justice on Monday sought replies from the provincial government and others on a petition challenging Punjab Criminal Prosecution Service (Amended) Act 2016.
Petitioner, Muzaffar Anjum, contended through his counsel that the government amended sections 5, 17 and 20 of the Prosecution Act transferring powers of prosecutor general to secretary prosecutor.
The counsel argued before the court that the amendment made to the law amounted to undermine the independence of the prosecution department. He requested the court to strike down the impugned amendments to the Prosecution Act. Chief Justice Syed Mansoor Ali Shah sought replies from the provincial government, law ministry, secretary prosecution and prosecutor general by January 26.