Conversion of residential plots into commercial use leading to destruction of cities: FCC

Islamabad: The Federal Constitutional Court (FCC) has set aside a 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.

A 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 timeframe.

During the hearing, the bench made strong observations about 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 generally not converted into commercial use.

He noted that while a residential house typically accommodates five to six people, converting a single plot into commercial use effectively creates a marketplace, resulting in traffic congestion, pollution, and other civic issues. Justice Rizvi further observed that Karachi continues to face the consequences of such conversions.

During the proceedings, Justice Rizvi also expressed displeasure when a lawyer’s clerk directly addressed the court. The judge questioned how the clerk could 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 then 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 emphasised that courtroom decorum must be strictly observed. The counsel later apologised for his clerk’s conduct, and the court ordered that the apology be placed on record.

The bench held that in cases involving a change in the status of residential areas, public interest, environmental impact, and the relevant master plan must be carefully considered. The matter has therefore been remanded to the Lahore High Court for reconsideration.