The Lahore High Court (LHC) has ruled that the Lahore Development Authority (LDA) cannot take over or repurpose land reserved for public amenities in private housing societies.
In a detailed judgment, Justice Raheel Kamran Sheikh stated that plots designated for schools, parks, mosques, and other public facilities are held in public trust and must be used only for their originally approved purpose.
The ruling came while hearing a constitutional petition filed by Cooperative Housing Society Agrerics, which challenged the LDA’s decision to transfer ownership of a school-designated amenity plot to itself after refusing to approve the society’s building plan.
The court directed the LDA to allot, lease, or auction the plot within three months in accordance with the law so that a school can be established for the benefit of local residents. The judgment noted that the failure to develop the school for more than 30 years had deprived the community of an essential educational facility.
The LHC also upheld Section 13(6) of the LDA Act and the Private Housing Schemes Rules, 2014, declaring them constitutional. However, it clarified that while private housing societies must comply with LDA planning regulations, the authority has no legal right to change the intended use of amenity land.
The court further emphasized that any future attempt by the LDA to use amenity plots for purposes other than their approved designation can be challenged in court.
