The Federal Constitutional Court has set aside a previous judgment of the Lahore High Court in a case concerning the conversion of a residential plot into commercial use, and remanded the matter to the high court for a fresh decision within 90 days.
The two-member bench, headed by Justice Hassan Azhar Rizvi, directed the Lahore High Court to rehear the case and decide it afresh within the stipulated time frame.
During the hearing, the bench made strong observations regarding urban planning and the growing trend of converting residential areas into commercial zones. Justice Rizvi remarked that turning residential plots into commercial properties leads to the “destruction of cities.” He observed that in older, major cities, residential plots are not converted into commercial use.
He noted that while a residential house typically accommodates five to six individuals, converting a single plot into commercial use effectively establishes a marketplace, leading to traffic congestion, pollution, and other civic problems. Justice Rizvi further observed that the consequences of converting residential plots into commercial use are still being faced in Karachi.
At one point during the proceedings, Justice Rizvi expressed displeasure when a clerk of a counsel directly addressed the court. The judge questioned how the clerk dared to speak when the counsel himself was present, and asked whether he was the petitioner in the case. The clerk replied that he was assisting the lawyer. The court further inquired whether he was an advocate of the Supreme Court or merely a clerk, to which he admitted he was the lawyer’s clerk.
Justice Rizvi emphasized that courtroom decorum must be strictly observed. The counsel subsequently apologized for his clerk’s conduct, and the court ordered that the apology be made part of the record.
The bench held that in matters involving a change in the status of residential areas, it is imperative to consider public interest, environmental impact, and the relevant master plan. For this reason, the case has been remanded to the Lahore High Court for reconsideration.