LHC bins ‘Elevated Expressway’ project

LAHORE
A full bench of the Lahore High Court on Thursday scraped Punjab government’s project of ‘Elevated Expressway’ from Gulberg to Motorway-II after the government failed to establish urgency being shown for acquiring people’s properties/lands for the project.
The bench passed this order while allowing hundreds of petitions against the project and set aside all notifications issued under Land Acquisition Act 1894. Justice Syed Mansoor Ali Shah headed the full bench along with Justice Aminuddin Khan and Justice Shams Mahmood Mirza.
Announcing a short order, Justice Shah observed that the court would issue guidelines for the government to follow before launching a development project. The petitioners had submitted that the government imposed an emergency like situation and had been acquiring their land under section 17 of the Land Acquisition Act by demolishing their homes to build over Rs27 billion expressway project. They said the government had not conveyed them the reasons behind this urgency. Petitioners asked the court to set aside the project and acquisition of their land.
Some petitions filed in public interest also questioned violation of rules in construction of the expressway. It was pointed out that the government had not carried out Environmental Impact Assessment’s survey. Some other petitioners objected to the huge public money being spent on the project saying the government totally neglected education and health sectors.
During the hearing, the bench also observed that the education and health sectors should be on priority list of the government instead of development projects.
In this case, the LDA stated that the construction of the elevated expressway was a public welfare project. It said the project was a mandate of executive and the high court should not take judicial review of the matter. The authority stated that affectees of the project had appropriate fora for legal remedy under Punjab Land Acquisition Act. It said cases of compensation against acquisition of land could be taken to civil courts.
The bench had asked the LDA to establish urgency being shown by the government in the project. However, the authority could not come up with convincing ground for acquiring land on the pretext of urgency.
Some senior lawyers also assisted the bench as amicus curies (friends of court) and pointed out grave violation of rules on part of the government regarding the project.
Senate polls: Justice Syed Mansoor Ali Shah of Lahore High Court on Thursday sought reply from the federal government on an application seeking directions to hold Senate election through show of hands.
Judge directed the federal government to inform till March 3 whether it was holding the election by show of hand or not.
The counsel moved this application in his already pending petition for non-implementation of Articles 62 and 63 of the Constitution during scrutiny of candidates for upcoming Senate election.
Applicant said the government intention to hold Senate election through secret ballot was mala fide and it would provide horse-trading and corruption opportunities. He said the government should ensure free, fair and transparent Senate election and these could only be held through show of hands.