LHC Bans Conversion of Public Amenity Land in Private Housing Societies

The Lahore High Court has ruled that land reserved for public amenities in private housing societies cannot be converted into residential or commercial property.

In a 23-page written judgment, Justice Raheel Kamran Sheikh said land set aside for schools, parks, mosques and other community facilities remains a public trust and cannot be used arbitrarily, even by the Lahore Development Authority.

The court announced the decision while hearing a constitutional petition filed by Cooperative Housing Society Agrerics. It directed the LDA to ensure that the reserved school land is used only for educational purposes.

The judgment further ordered the authority to allot, lease or auction the land within three months in accordance with the law so that a school can be established and residents can benefit from the facility.

The court observed that the failure to build the school even after three decades violated citizens’ fundamental rights. It also noted that land earmarked for a school must remain dedicated to that purpose and serve the public interest.

The petitioner argued that the LDA refused to approve the school building plan and instead tried 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 transfer of 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 also comply with LDA planning and development regulations. It said registration as a cooperative society does not exempt any scheme from the law.

The LHC upheld Section 13(6) of the LDA Act and the Private Housing Schemes Rules, 2014, and declared them consistent with the Constitution. However, it said any future attempt to use amenity land for another purpose may be challenged in court.