LAHORE: The Lahore High Court (LHC) has observed that the Punjab government or the Ravi Urban Development Authority (Ruda) cannot, by scheme or artifice, be permitted to short-circuit the petitioners’ case against the riverfront project by relying upon an amendment ordinance in a manner, which smacks of ulterior motives.

Justice Shahid Karim observes the provisions of the Ravi Urban Development Authority (Amendment) Ordinance 2021 do not dent the prayers made by the petitioners and the relief they have sought has not been impugned upon by the promulgation of the amendment ordinance.

The judge has made these remarks in the written order of the last hearing whereby he had dismissed an objection of the government and declared the petitions against the Ravi Riverfront Urban Development Project (RRUDP) maintainable.

The advocate general of Punjab had argued that since the amended ordinance had been issued to cover legal infirmities the stay orders granted by the court stood vacated and the petitions were infructuous. He also argued that the courts could not interfere in the policy matters.

In the order, Justice Karim remarks that the petitions raise important legal and constitutional issues, which are liable to be determined by the court and these issues have been rendered more complicated and onerous by the enactment of the amendment ordinance.

The judge allows the petitioners to make necessary amendment to the petitions to incorporate challenges to the amendment ordinance. The judge would resume hearing on Nov 15.

In this case, the judge had already stayed the process of land acquisition for the project for not meeting the legal requirements and environmental laws.

The petitioners challenged the mode and manner of the land acquisition proceedings undertaken by the Ruda for the project. They also questioned the legality of forceful acquisitions of land for commercial purposes under the Land Acquisition Act, 1894. Some of the petitioners questioned the legality of the Environment Impact Assessment (EIA) of the project prepared by a non-registered consultant.

Published in Dawn, November 9th, 2021