Key Takeaways
- The Lahore High Court has ruled that land set aside for public amenities cannot be converted into residential or commercial property.
- Justice Raheel Kamran Sheikh directed the Lahore Development Authority to ensure reserved school land is used only for educational purposes.
- The court ordered the LDA to establish a school on the land within three months and noted failure to do so violates citizens’ rights.
In a significant ruling, the Lahore High Court has banned the conversion of public amenity land in private housing societies into residential or commercial property. The decision was made after hearing a constitutional petition filed by Cooperative Housing Society Agrerics.
Justice Raheel Kamran Sheikh delivered a 23-page written judgment that emphasized the importance of maintaining these lands for their intended purposes, such as schools, parks, and mosques. According to the court, any attempt to use this land for other purposes in the future may be challenged legally.
The Lahore Development Authority (LDA) was directed to ensure that the reserved school land is used exclusively for educational purposes. The court further ordered the LDA to establish a school on the land within three months and to allocate, lease or auction the land if necessary so that residents can benefit from it.
Justice Sheikh observed that the failure to build the school even after three decades violated citizens’ fundamental rights. He noted that land earmarked for schools must remain dedicated to their intended purpose and serve public interest.
The petitioner argued that the LDA had refused to approve the school building plan, instead trying to transfer the amenity land into its own name despite no such legal requirement when the housing scheme was approved in 1987. The LDA maintained that transferring amenity land to the authority was a legal requirement for scheme approval and said the housing society itself had proposed converting the mortgage deed into a transfer deed.
In its ruling, the court held that cooperative housing societies must comply with LDA planning and development regulations. It stated that registration as a cooperative society does not exempt any scheme from the law. The Lahore High Court upheld Section 13(6) of the LDA Act and the Private Housing Schemes Rules, 2014, declaring them consistent with the Constitution.
The court also warned that any future attempt to use amenity land for another purpose may be challenged in court. This ruling underscores the importance of adhering to legal requirements and maintaining public trust in the management of such lands.
