RAWALPINDI: The Lahore High Court has dismissed a petition challenging the Murree based Commoners Sky Garden housing project, delivering a major legal relief to developers and authorities by ruling the case not maintainable under constitutional jurisdiction.
Justice Jawad Hassan of the Rawalpindi Bench announced the verdict on a plea that sought to halt the project over alleged environmental violations and non compliance with earlier Supreme Court rulings. The petitioner had raised concerns over deforestation, land encroachment and lack of mandatory approvals in ecologically sensitive areas.
However, government authorities and the Federal Government Employees Housing Authority contested the claims, asserting that all necessary approvals and no objection certificates had been secured from relevant bodies, including environmental regulators and planning authorities.
In its detailed ruling, the court observed that the petitioner failed to approach appropriate forums at the time approvals were granted and could not invoke constitutional remedies at a later stage involving disputed facts. It emphasised that such matters require proper adjudication through designated legal channels.
The court also highlighted that the project had reached an advanced stage, with significant investment already made and thousands of allottees acquiring vested rights. Any intervention at this point, it noted, could disrupt economic activity and cause substantial financial loss.
Rejecting the plea, the court clarified that enforcement of Supreme Court directives falls within the apex court’s domain, particularly when an implementation bench is already seized of the matter. The petitioner has been advised to seek remedy through the appropriate legal forum in accordance with the law.


