Lahore: The Lahore High Court (LHC) has ruled that the Lahore Development Authority (LDA) cannot take over land reserved for public amenities in private housing societies or use it for purposes other than those for which it was originally designated.
In a written judgement, Justice Raheel Kamran Sheikh held that amenity land reserved for facilities such as schools, parks and mosques constitutes a public trust and must remain dedicated to serving the community.
The ruling came while deciding a constitutional petition filed by Cooperative Housing Society Agrerics, which challenged the LDA’s attempt to transfer a school-designated amenity plot to its own name after refusing to approve the society’s building plan.
The court directed the LDA to allot, lease or auction the land within three months in accordance with the law so that a school can be established and the public can benefit from the facility. It observed that the failure to establish the school for more than three decades had deprived residents of their intended educational amenity.
The LHC upheld Section 13(6) of the LDA Act and the Private Housing Schemes Rules, 2014, declaring them consistent with the Constitution. However, it clarified that while cooperative housing societies must comply with the LDA’s planning and development laws, the authority cannot repurpose amenity land from its original public use.
The court further held that any future attempt by the LDA to use amenity land for a purpose other than its approved designation would remain open to judicial challenge.
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