ISLAMABAD: In a significant ruling that removes a major legal impediment to a crucial public welfare project, Justice Jawad Hassan of the Lahore High Court (LHC) has dismissed a series of petitions filed by landowners challenging the land acquisition process for the Daducha Dam.

The decision has paved the way for the Rawalpindi Water and Sanitation Agency (Wasa) to proceed with its ambitious project, which would supply 35 million gallons daily (MGD) of water to the water-stressed garrison city.

The petitioners, who were co-owners of the land acquired for the dam, had contested the compensation award dated Oct 3, 2024. Their primary grievance was that the Land Acquisition Collector had failed to adequately assess and provide compensation for structures, trees, fruits, and vegetables located on the acquired properties, arguing this was a violation of the Land Acquisition Act, 1894.

However, the litigation reached its conclusion not on the merits of the compensation dispute, but on a pivotal point of legal procedure. During the proceedings, the court was informed that the respondents had already addressed the petitioners’ core concern by passing a Supplementary Award on Aug 12, 2025, specifically designed to reassess compensation for these very assets.

Decision paves way for the Wasa to proceed with its ambitious project

The court anchored its decision in the constitutional limits of its writ jurisdiction. It extensively referenced Article 199(1)(1A) of the Constitution , introduced through the Twenty-sixth Amendment. This clause explicitly states that a High Court cannot make an order or declaration beyond the contents of the application filed before it. The court held that the petitions were founded on “vague and ambiguous prayers”, which failed to clearly point to a specific, justiciable legal right that had been infringed.

In a detailed opinion, the bench relied on a consistent line of jurisprudence from the Supreme Court of Pakistan, including judgments in cases such as NWFP Public Service Commission vs Mohammad Arif and Owais Shams Durrani vs Vice-Chancellor, Bacha Khan University.

These precedents establish that a petitioner must demonstrate a clear, personal, and enforceable legal right—statutory or constitutional—that has been denied. The court found that the petitioners in this case did not meet this essential standard, rendering their petitions “not maintainable”. Consequently, both writ petitions were dismissed, and any stay order previously halting the acquisition and compensation proceedings stands vacated.

The court’s decision comes as a major relief for Wasa and city planners, for whom the Daducha Dam is an indispensable project to address Rawalpindi’s escalating water crisis. The city’s current water supply is under severe strain. According to Wasa Managing Director, Saleem Ashraf, the existing sources are insufficient to meet the demands of a rapidly growing population.

The city currently draws water from a mix of surface and groundwater sources. Rawal Dam, the oldest and main surface source, supplies over 23 MGD against its installed capacity of 28 MGD and has completed about 56 years of its useful life. Khanpur Dam, the second surface source, provides a reduced supply of six MGD due to low water availability.

Alarmingly, over 60pc of the city’s water supply—approximately 35 MGD—comes from 480 operational tube wells extracting groundwater.

“Switching from groundwater to surface water is essential, as the ground recharge potential is no longer available,” MD Ashraf emphasised in a recent statement.

He noted that the over-reliance on groundwater is unsustainable and costly. “The project will not only provide assured water supply to Rawalpindi but also help recharge groundwater,” he added, highlighting the dual benefits of the dam.

With the legal challenge now resolved, the focus shifts back to project execution.

Wasa has already launched a feasibility study worth Rs43 million, with a directive for the consultant to complete it within two months. This study will be responsible for preparing the crucial PC-I document, which includes detailed designs for a filtration plant at the dam site, the pipeline route to transport the water to the city, and a comprehensive plan for its distribution.

The consultant’s mandate also includes a topographic survey, geotechnical investigations, a land acquisition and resettlement plan, and an environmental and socio-economic impact assessment.

The Daducha Dam project, to be constructed on the Ling River near Daducha village, represents the most viable long-term solution to secure Rawalpindi’s water future, promising to meet present and future needs, reduce contamination, and cut operational costs associated with groundwater extraction.

The dismissal of these petitions marks a decisive step toward turning this vision into a reality for the citizens of Rawalpindi.

Published in Dawn, October 5th, 2025