LAHORE: The Lahore High Court on Tuesday declared the Ravi Riverfront Urban Development Project (RRUDP) illegal.
The court on December 21 had reserved its judgment on a set of petitions challenging the land acquisition for the project and violations of environmental laws by the Ravi Urban Development Authority (RUDA), the executing body. LHC Justice Shahid Karim announced the verdict on Tuesday.
The court in its judgment declared several provisions of the RUDA Act illegal, stating that the RUDA failed to formulate its personal master plan under the law and any scheme made without a master plan is illegal. It said that the master plan of Ravi Riverfront Urban Development Project is the basic document and under the law, all schemes are subject to the master plan.
The court in its order stated that Section 4 of the RUDA Amendment Ordinance contradicts Article 144-A of the Constitution. The judgment stated that even the ordinance also failed to meet the requirements of the Constitution.
The ruling said agricultural land can be acquired only when there is a regular legal framework but the land acquired for the project is in violation of the 1894 Act. The acquisition notification under Section 4 is illegal, the court order read.
The judgment stated that the collectors of Lahore and Sheikhupura failed to comply with the law regarding land acquisition. The court directed the RUDA to return the loan taken from the Punjab government within two months. As per case details, the petitioners had stated that Sections 29, 30 and 31 of the RUDA Act relating to land acquisition contradict Article 24 of the Constitution. It said that Sections 29 and 30 of the RUDA Act are also ambiguous. The lawyers of the petitioners argued that the RUDA cannot be compared to the LDA, saying that the Board of the RUDA includes bureaucrats while the LDA chairman is the chief minister. Moreover, public representatives are also included in the LDA Board, but no public representative is included in the RUDA.
The petitioners said that under the RUDA Act, the powers of people were given to unelected persons that is against democratic principles. They argued that even the Cantonment Board also includes elected representatives. It was argued that the RUDA's budget has been approved in the provincial assembly and when a project is included in the budget, its nature is different. The petitioners challenged the mode and manner of land acquisition proceedings undertaken by the RUDA for the project. They said the land acquisition collector, despite a protest by the landowners, passed 18 awards on a single day, amounting to billions of rupees.
The petitioners challenged the legality of forceful acquisition of land for commercial purposes under the Land Acquisition Act 1894. Some of the petitioners questioned the legality of the environment impact assessment of the project prepared by a non-registered consultant.
It is pertinent to mention here that Advocate Amina Qadir, who was appointed as amicus curiae by the court, submitted that the project in question is not of public importance. She said the government has been unable to justify the project, keeping in view the public trust doctrine as Punjab would be bereft of its fertile plains. She said there is no adequate compensation mechanism defined for people whose land has been forcibly acquired.
However, RUDA counsel Barrister Ali Zafar in his arguments had argued that the project is environment-friendly and would ensure conservation, clean air for Lahore and include within it a massive forest. Meanwhile, RUDA CEO Imran Amin has said they respect the courts and are legally looking at the court decision regarding the RUDA project. In a joint statement issued here on Tuesday after a meeting with Special Assistant to Chief Minister Punjab (SACM) Hassan Khawar at the RUDA Head Office, Imran said the court decision was misrepresented in the media while on the contrary, the facts in this decision are recognized. “Moreover, instructions were given to run the project in a better way,” he added.
During the meeting, the SACM said: "We will comply with the court order and the RUDA will continue its work in the light of the court decision. This project is a milestone for a bright future of the country and the nation.”
“Additionally, cities with world-class facilities are being built, projects like RUDA are essential for population control in big cities, elimination of environmental pollution and provision of better facilities,” said the SACM, adding that the development work on the Ravi project, Chahar Bagh, is in full swing, which will provide a world-class standard of living to the citizens of Pakistan.