MIAN SAQIB NISAR, C.J.---Leave in these matters was granted to consider whether the notification dated 20.7.1998 was neither issued by the Provincial Government nor was it gazetted. During the course of hearing, learned counsel for the appellant candidly conceded that the areas where the properties in issue are situated have been commercialized, however, he argued that even upon such commercialization the owners of the properties which were previously residential in nature are not entitled to use them (properties) as commercial properties per se without paying the applicable commercialization fee/charges. Contrarily, learned counsel for the respondents argued that once the area where the properties are situated is declared as a commercial area, the owners are not required to pay any commercialization fee/charges.
2. Having gone through the documents on the record particularly the Change of Land Use and Master Planning Bye Laws - 2003 which are approved vide Resolution No. 383 dated 6.1.2004 by the appellant upon which reliance has been placed by the respondents, we are of the considered view that though the respondents can seek commercialization of their respective properties, but not without payment of commercialization fee/charges. However the rate of commercialization fee/charges at a particular of time is undoubtedly a question that needs to be determined on a case to case basis which, as mentioned earlier, has not been so done by the learned High Court in the impugned judgments. As regards the argument of the learned counsel for the respondents in Civil Appeal No.322 of 2006 that the matter has already been decided as per paragraph No. 14 of the impugned judgment, suffice it to say that the learned High Court has relied upon a leave refusing order dated 28.6.2004 passed by this Court in Civil Petition No. 429-K of 2004 which is not as such the law enunciated (by this Court) and has no binding effect. In light whereof, these appeals are allowed to the extent that the matters are remanded to the learned High Court where the respondents' writ petitions shall be deemed to be pending before it which should determine the rate of commercialization fee in each case.