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2003 CLC 752

Mst. SHAGUFTA NAAZ vs LAHORE METROPOLITAN CORPORATION, LAHORE

Citation2003 CLC 752
CourtLahore High Court
Case No.Writ Petition No,9981 of 2002
Date2002-08-12
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition dismissed

ORDER

' Through this Constitutional petition the petitioner seeks issuance of mandamus writ to respondent No,1 preventing the respondent No,2 from constructing illegal basement from the foundation of the petitioner building in order to save the lives of the inhabitants, of the petitioner's building.

2. Parawise comments and report has been submitted by respondents according to which construction is being made according to the site plan and the apprehension of the petitioner at this stage is unfounded that it will be used for commercial purposes. The question is that whether the construction which has been raised by respondent No,2 is without the sanctioned site plan or not is the factual controversy whichcan only be resolved after recording the evidence which cannot be recorded in writ jurisdiction.

3. On the other hand, learned counsel for respondent No,2 also states that construction has been raised according to the site plan.

4. After the perusal of parawise comments and the statement of learned counsel for respondent No,2, there is no need to further proceed in this petition as factual controversies whether the construction has been raised according to the site plan or not after the statement made by respondent No,1 cannot be resolved in writ jurisdiction. This petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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