Development planning : LHC suspends notification on LDA jurisdiction

Also stays proposed demolition of a portion of Lady Willingdon Hospital.

LAHORE:

The Lahore High Court on Thursday suspended two notifications of the government under which the Lahore Development Authority’s jurisdiction was extended to Sheikhupura, Kasur and Nankana Sahib districts. It also stayed the proposed demolition of a portion of Lady Willingdon Hospital to make way for a flyover.

Justice Shehzada Mazhar issued an order on a petition moved by National Bank of Pakistan Officers Cooperative Housing Society questioning legality of the notification amending the LDA Act 1975.

The counsel for the housing society said the government amended Section 13 of the LDA Act 1975 and empowered it to examine plans of private housing schemes.

Town municipal officers were required to transfer pending and approved cases private housing schemes to the LDA.



He said the two notifications were issued on November 26, 2013 and January 1, 2014.

The counsel said under the LDA Act, an approved scheme could not be transferred to the LDA.  He said TMAs had been stripped of their powers. He said control over planning approval, land control and master planning of private housing schemes had been handed over to the LDA.

He said powers of TMAs could not be curtailed through an amendment in the LDA Act because they derived powers from the Punjab Local Government Ordinance 2001.

The counsel said the NBP Housing Scheme was set up over 901 kanals and 13 marlas. He said it was a private housing scheme established for officers of the bank and all legal requirements had been met.

He said the scheme only needed a formal approval by Nishtar Town municipal officer.

The petitioner requested the court to set aside the operation of notifications issued by the government. He further said TMO Nishtar Town should be refrained from transferring the NBP scheme case to the LDA. He said an approval letter should be issued immediately.

After hearing arguments, the court suspended operations of both notification and sought replies from the government in 15 days.

Demolition of Lady Willingdon Hospital stayed

Justice Ijaz Ahmed Chaudhry of the Lahore High Court meanwhile stayed the proposed demolition of a portion of Lady Willingdon Hospital to make way for a flyover.

The court also issued notice to the authorities concerned for February 6. The Young Doctors Association named the government, special adviser to chief minister on health, health secretary, the Walled City of Lahore Authority director general, the LDA director general, Lady Willingdon Hospital medical superintendent and the Environment Protection Department as respondents.

The petitioners’ counsel said the government was planning a flyover in the vicinity and would demolish a portion of the hospital for this purpose. He said the decision to demolish a part of the hospital violated Article 14, 10-A, 9, 24, 23, 19-A, 16, 15 and 25-A of the Constitution. He said the hospital was constructed on 120-kanals 83 years ago. He said a USAID team had expressed interest in upgrading the hospital but the government had ignored it.

He said the government had not obtained a No Objection Certificate from the Environment Protection Department (EPD).

He said the demolition violated provisions of the Walled City Act 2012, Antiquities Act 1975, and the Punjab Special Premises Preservations 1985.

He said 500 people visited the 300-bed hospital daily and 14,000 children were born here every year. He said due to construction work at Azadi Chowk, roads leading to the hospital had been closed. He said this was inconveniencing hundreds of people.  After hearing arguments, the judge directed the advocate general to ensure submission of replies on the next date of hearing.

Published in The Express Tribune, January 31^st, 2014.