Jurisdiction of all courts removed: Punjab govt gets sweeping powers to execute Ravi Urban Development Project

ISLAMABAD: The Punjab government has given complete immunity to the Ravi Urban Development Authority (RUDA), its chairman and all its executives from any legal proceedings. The RUDA Act says no suit, prosecution or any other legal action will be filed against it, its chairman, director-general, any member, officer, servant, expert or consultant in respect of anything done or intended to be done in good faith under it.

Prime Minister Imran Khan is trying to make the Ravi Urban Development project a flagship scheme of his government and is involved in different aspects of its execution. The private owners of the land on which the project will be spread have been protesting against its acquisition by the government.

The RUDA act states that in the event of any conflict or inconsistency between it and any other law, this statute will prevail to the extent of such inconsistency or conflict. Also, the jurisdiction of all courts and authorities to question the legality of anything done or any action taken in good faith by or at the instance of RUDA has been removed.

RUDA has been empowered to determine the mode of compensation in the form of cash, bonds, debentures, annuities, adjustments, alternate land, developed sites or in a combination of such forms. However, if the compensation of the acquired immovable property is in the shape of developed sites, RUDA will not award such compensation unless the immovable property is transferred or mutated in its name.

Where RUDA will determine any mode of compensation other than cash, the person interested will have the option to receive compensation either in cash or in that mode or in both such forms if so decided by it. Where the compensation is to be paid in cash, it will be determined by the collector. RUDA will not provide alternate land or a developed site in any scheme except the scheme for which it was acquired.

The act further says: “Where provision of alternate land or a developed site is part of a scheme but for any reasons, such land or developed site cannot be provided, the RUDA will pay compensation in cash at such a rate as may be determined through regulation. The RUDA may, by negotiations, purchase, lease or exchange any land or building or any other property by entering into an agreement with its owner, or a person legally competent to sell, lease out or exchange such property or enter into a joint venture for the development of any site, project, building and scheme.”

The Act adds: “For the purpose of joint ventures, the RUDA may enter into any joint venture as a partner with any person, company, agency, authority or national or international organization to manage, sell, develop, maintain, build and transfer any land, plot, estate or property vested in it. The joint venture may be executed or regulated, if necessary, by the chairman. The RUDA may outsource any of its activities including development works through any mode including public private partnership.”

RUDA may carry out methods and procedures for undertaking public private partnerships under its law and such prescribed manner will exclusively govern public private partnerships by it. The law also says that subject to an opportunity of hearing, “the chairman or his designated officer or person may summarily eject any person in unauthorized occupation of any land or property vested in the RUDA and may for such ejectment use such force as may be necessary. He may, on his own motion or on the application of the owner, summarily eject any person in unauthorized occupation of any land or plot in a housing scheme developed and controlled by RUDA and may, for such ejectment, use such force as may be necessary. Nothing will prohibit the chairman from proceeding against such a person on commission of an offence.”

If any building, structure, work or land is erected, constructed or used in contravention of this law and rules, the chairman or his designated person may require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or alter the building, structure or work or to use it in such a manner so as to bring such a construction or user in accordance with this law.

“If any such order is not complied with within the specified time, the chairman may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land by sealing the premises or land and, in so doing, may use such force as may be necessary and may also recover the cost, from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of this law.”