' The petitioners being owners of Plot No,20/C situate within the Kashmir-Egerton Road Scheme, Lahore submitted a plan to the L.DA. For obtaining sanction for construction of a building thereon.
The building plan awaited sanction for considerable time which led the petitioners to file W.P.
No,3957 of 1987. The case came up for hearing on 18-9-1987 when Mr. Khaqan Babar, Advocate, learned counsel for L.D.A. Raised no objection for entertaining the building plan and gave undertaking to process the same in accordance with law. The petition was accordingly disposed of on the same day. The plan was not sanctioned rather another objection was raised that the same could not be sanctioned without clearance from the Provincial Government as the plot in dispute was attached with the premises of Aiwan-e-Iqbal Complex. Reference was made to the Building Regulations, 1984 which contained a stipulation to the effect that the plot in dispute was being acquired by the Government and no construction was permissible thereon. Hence this petition.
2. On 22-4-1991 the learned Advocate-General (Mr. Maqbool Elahi Malik) stated that the Government had no intention to acquire the property in dispute for construction of Aiwan-e-Iqbal Complex whereupon the Legal Adviser, L.D.A. Stated that the plan submitted by the petitioners was being sanctioned. The only obstacle referred to above in sanctioning the plan by the L.DA. Since stood removed there was, therefore, no hitch in sanctioning the plan as stated by the Legal Adviser, L.D.A. Before this Court. The original plan for construction of the building had admittedly been filed in the year 1987 and the statutory period of sixty days prescribed in the relevant Building Regulation No,10 had already A elapsed, the L.D.A., therefore, could have no valid objection in sanctioning the original or the revised plan submitted by the petitioners.
3. In the result this petition is allowed subject to the observation that the plan submitted by the petitioners would be deemed to have been sanctioned, subject to all just exceptions, with no order as to costs.