LAHORE: The Lahore High Court has turned down a request to stay auction and transfer of commercial land at the old Walton airport for the establishment of a business district by the Lahore Central Business District Development Authority (LCBDDA).

Muhammad Azam filed a petition, challenging the Punjab government’s action of taking over the old Walton airport land owned by the Civil Aviation Authority (CAA) “in illegal manner”.

The petitioner’s counsel, Waqar A. Sheikh, submitted the petitioner was a respectable citizen and being the sole registered bidder under the Lahore Central Business District Development Authority Act, 2021, acquired some commercial plots of the land in question.

He said some property developers had been trying to grab the national heritage land and the petitioner filed an application with the chief executive officer of the LCBDDA for getting some necessary information about the project, but the same was dismissed without any response.

The counsel argued that the petitioner had only grievance against the method and mechanism provided under the law, which was contrary to the judgments passed on similar issues by the superior courts. He contended that the respondents had not framed any rules while taking such action.

He pointed out that the project was being carried out without obtaining the necessary “no objection certificate” from the concerned hierarchy of the Environmental Protection Agency.

Justice Jawad Hassan issued notices to the respondents on the main petition, subject to maintainability, for Sept 14 and directed a law officer to ensure submission of their replies.

The judge also sought presence of all the senior officers of the relevant departments, well conversant with the facts of the case, on the next date.

However, the judge dismissed a civil miscellaneous application of the petitioner seeking a stay against the auction and transfer of the plots in question.

In his written order of Tuesday’s hearing, Justice Hassan observes that in the absence of any obvious illegality and deviation from law, any interference by the court will badly hamper the initiatives to enhance business activities being carried out by the LCBDDA or CAA and will bring the whole scheme of actions for promotion of business and trade for the public to a standstill.

He observes that the court is competent to exercise its power of judicial review to examine the administrative actions through the touchstone of violation of law and breach of the Constitution, yet the power of judicial review is regulated by the principles of judicial restraint.

“While using powers under Article 199 of the Constitution relating to a policy of the government with financial layout and implications, the court exercises the power of judicial review with judicial restraint as a substantive approach to interfere in such matters within the contemplation of judicial review while exercising constitutional jurisdiction,” Justice Hassan adds.

Denying the interim relief to the petitioner, the judge further remarks that before making an interim order, the court has to look into the public interest which should not be hampered in any manner, therefore, keeping in view the fact that the petitioner has failed to make out a prima-facie case in his favour for grant of interim relief, the stay application is dismissed.

Published in Dawn, September 9th, 2021