' This order will dispose of Writ Petition No,25497 of 1998.
2. Facts stated in the petition are that the petitioner purchased a plot measuring 3 Marla, 56 sq.Ft.
Situated in Shamas Street, National Park Rajgarh, Lahore from the respondents Nos.4 and 5 through registered sale-deed, dated 30th of October, 1997, the possession was delivered to the petitioner, petitioner applied for necessary sanction of plan to Metropolitan Corporation, the plan was duly sanctioned by the said authority and that at the time when the construction started, the respondent No,2 started interference without any basis.
3. Learned counsel submits that the petitioner lawfully purchased the property, raised construction by obtaining necessary sanction from the authority which had the control over the area and L.D.A.
Has nothing to do with the construction or the ownership of the petitioner.
4. Learned counsel for the Metropolitan Corporation submitted. That the plan was sanctioned as the property at that time fall in controlled area of the Corporation.
5. Apparently, no material has been placed on record to show that L.D.A. Has any control over the area or has any authority to interfere in the Constitution, within the area controlled by the Metropolitan Corporation. The petitioner having raised construction by getting sanction of plan from L.M.C., which still supports the petitioner, cannot be subjected to any illegal action of L.D.A., unless, L.D.A., on proper material, could justify interference. In the absence of any record showing the property falls in controlled area of L.D.A., the impugned acts cannot be approved.
6. Resultantly, this petition is allowed, and it is directed that the respondents Nos.1 and 2 shall not make any illegal interference in the construction of the petitioner. However, if at any stage the area is found to have been included in controlled area of L.D.A., respondents can initiate fresh action, permissible in law, after notice to and hearing of the petitioner.