LAHORE: The Metropolitan Corporation of Lahore (MCL) has asked the Local Government and Community Development Department (LGCDD) to help get back its building and land use controlled area from the Lahore Development Authority (LDA) after amendments to the LDA Act, 1975.
In a letter, the MCL while giving reference of the LGCD department’s letter of April 23, 2021, titled “Curtailment of the Jurisdiction of the LDA with Respect to Land-Use and Housing Schemes Viz-A-Viz Nankana Sahib, Sheikhupura and Kasur” states the letter was issued in pursuance of the amendments made to the LDA Act, 1975, vide the LDA (Amendment) Ordinance 2021 (SVIII of 2021), whereby the metropolitan area of Lahore division has been amended and substituted with the words “Metropolitan area of Lahore in sections 1, 2, 3, 4, 5, & 6 of the LDA Act, 1975. These amendments were principally made for ease of doing business in construction industries.
Earlier, through the amended LDA Act, 1975 in 2013, the metropolitan area of Lahore was extended to the entire Lahore division and the LDA was given land-use control and private housing schemes.
Now, the MCL explains, that instant amendments to the LDA Act, 1975, the jurisdiction of the LDA has been brought back to pre-2013 era. It also mentions that then City District Government of Lahore was previously collecting more than Rs2 billion per annum on account of conversion of land-use fee before transfer of land-use control to the LDA.
The Punjab Local Government Act of 2019 was passed by the provincial assembly on April 30, 2019. The provisions of section 21(2) of the PLGA 2019 explicitly states that authority, agency and other such offices stand transferred to the metropolitan corporation within its jurisdiction, section 21(2) of the PLGA, 2019 is reproduced as: “Any office, agency or authority established or maintained by the government, which at the commencement of this Act is providing public services or discharging other duties in relation to the building control, solid waste management, water supply, and sewerage collection and disposal function in a metropolitan, shall, subject to such conditions and control as the government may impose, stand transferred to the respective metropolitan corporation.
“Further as provided under section 259 in the act ibid (amended XIII of 2019), the functions of master planning, land use planning, land use permissions, approval and regulations of private housing schemes, land sub division and sub division of plots is vested with the metropolitan corporation, municipal corporation, municipal committee, town committee and Tehsil council. Whereas, on the other hand, with an amendment in the Punjab private housing scheme and land sub-division rules, 2010 vide No SOR (LG) 38-2/2004 of October 28, 2013 and amendment in the LDA Act, 1975 on April 13, 2021, the approval of private housing scheme and master planning has been vested with the LDA in Lahore district respectively.”
By including the MCL area in the above referred letter of April 23, 2021, the MCL will be able to perform its functions of conversion of land-use (commercialization) being performed already before amendment in the LDA Act 1975 in 2013 and transfer of functions to the LDA vide referred letter of November 26, 2013 within its controlled area.
Published in Dawn, August 11th, 2021