What's new

LHC scraps celebrated Ravi riverfront project

Sainthood 101

SENIOR MEMBER
Jul 24, 2021
6,635
1
8,851
Country
Pakistan
Location
United States
Kuch PDF members kehtay hain Balochistan main new cities banani chahiyeen Balochistan main water nhi ha yahan ha
But what value does this region bring to the table
You can't just built city for the sake of it

You can build SEZ, STZ and if it grows build a city around or near it

But you can't build a random city as it won't be sustainable
 

Pak Nationalist

FULL MEMBER
Jul 4, 2021
969
3
1,304
Country
Pakistan
Location
United States
LAHORE: The Lahore High Court on Tuesday scrapped the much-celebrated Ravi Riverfront Urban Development Project of the government by declaring several provisions of the Ravi Urban Development Authority (Ruda) Act 2020 unconstitutional.


Announcing a reserved judgement on multiple petitions, Justice Shahid Karim also declared the acquisition of agricultural land for the project unconstitutional and in violation of the fundamental rights of citizens.


The judge read the operative part of the judgement, which is yet to be released, and ruled that Section 4 of the Ruda Act 2020 was in violation of Article 140-A of the Constitution, which deals with the formation of local governments.


He also directed the Ravi Urban Development Authority to return a loan of Rs5 billion to the Punjab government within two months and ruled that the authority had failed to comply with the laws and initiated the project without a master plan.




Justice Karim said the Ruda (Amendment) Ordinance 2021 also failed to cover legal infirmities in the law. The judge ruled that the notification issued under Section 4 of the Land Acquisition Act 1894 had not been released in accordance with the law. The land collectors failed to legally acquire the land for the project, the judge added.


The judgement had been reserved on Dec 21, 2021.


Farmers, land owners and developers had filed petitions through lawyers Sheraz Zaka, Ahmad Rafay Alam, Azhar Siddique, Waqar A. Sheikh and others.


The petitioners had challenged the mode and manner of land acquisition proceedings undertaken for the project by Ravi Urban Development Authority. They said the land acquisition collector, despite a protest by the landowners, passed 18 awards on a single day amounting to billions of rupees.


They also 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.


The Punjab advocate general had opposed the petitions, saying the project was of public importance and the court lacked jurisdiction to interfere in the policy affairs of the government.


Barrister Ali Zafar, the counsel for the Ravi Urban Development Authority, had argued that the project was environment-friendly and would ensure conservation, clean air for Lahore and include within it a massive forest.


Advocate Amina Qadir, who was appointed as amicus curiae, told the court that the project was not for public welfare. She said the government had been unable to justify the scheme keeping in view the public trust doctrine as Punjab would be bereft of its fertile plains.

Don't blame the courts when the government holds great contempt for the constitution and undertakes actions that are in violation of constitutional protections. Courts only interpret what is in there in the constitution. The onus lies on the executive branch of the state to tailor development projects that buttress constitutionally guaranteed rights, not infringe upon these. I know that there would be scores of reactionary comments under this thread from PTI partisans abusing courts for stalling the progress of the country, but it is more nuanced than that.
 

Sainthood 101

SENIOR MEMBER
Jul 24, 2021
6,635
1
8,851
Country
Pakistan
Location
United States
Don't blame the courts when the government holds great contempt for the constitution and undertakes actions that are in violation of constitutional protections. Courts only interpret what is in there in the constitution. The onus lies on the executive branch of the state to tailor development projects that buttress constitutionally guaranteed rights, not infringe upon these. I know that there would be scores of reactionary comments under this thread from PTI partisans abusing courts for stalling the progress of the country, but it is more nuanced than that.
LHC is pretty much a joke of a Court
Look through Thier history
 

Falconless

FULL MEMBER
Oct 13, 2020
1,532
0
1,377
Country
Pakistan
Location
Pakistan
Trolling isn't allowed on platform or I'll dumb it down more.

Pakistan is a poor country, where slums exist and it's up to us to invest in education and social development. If that's not acceptable to elite you better move to wapda town, dha etc. rather than using public money to build a gated city.

Building 2 Islamabad in each province isn't gonna solve shit.
 

Pak Nationalist

FULL MEMBER
Jul 4, 2021
969
3
1,304
Country
Pakistan
Location
United States
LHC is pretty much a joke of a Court
Look through Thier history
Not in this case. Read RUDA's charter, it did infringe upon the fundamental rights of citizens (those living in the area that was to become part of the development project)as guaranteed by the constitution of Pakistan. Is LHC to be blamed for the PTI government's lack of due diligence? What is that guy Frog Naseem's ministry doing?
 

ziaulislam

ELITE MEMBER
Apr 22, 2010
18,484
10
19,199
Country
Pakistan
Location
United States
LAHORE: The Lahore High Court on Tuesday scrapped the much-celebrated Ravi Riverfront Urban Development Project of the government by declaring several provisions of the Ravi Urban Development Authority (Ruda) Act 2020 unconstitutional.


Announcing a reserved judgement on multiple petitions, Justice Shahid Karim also declared the acquisition of agricultural land for the project unconstitutional and in violation of the fundamental rights of citizens.


The judge read the operative part of the judgement, which is yet to be released, and ruled that Section 4 of the Ruda Act 2020 was in violation of Article 140-A of the Constitution, which deals with the formation of local governments.


He also directed the Ravi Urban Development Authority to return a loan of Rs5 billion to the Punjab government within two months and ruled that the authority had failed to comply with the laws and initiated the project without a master plan.




Justice Karim said the Ruda (Amendment) Ordinance 2021 also failed to cover legal infirmities in the law. The judge ruled that the notification issued under Section 4 of the Land Acquisition Act 1894 had not been released in accordance with the law. The land collectors failed to legally acquire the land for the project, the judge added.


The judgement had been reserved on Dec 21, 2021.


Farmers, land owners and developers had filed petitions through lawyers Sheraz Zaka, Ahmad Rafay Alam, Azhar Siddique, Waqar A. Sheikh and others.


The petitioners had challenged the mode and manner of land acquisition proceedings undertaken for the project by Ravi Urban Development Authority. They said the land acquisition collector, despite a protest by the landowners, passed 18 awards on a single day amounting to billions of rupees.


They also 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.


The Punjab advocate general had opposed the petitions, saying the project was of public importance and the court lacked jurisdiction to interfere in the policy affairs of the government.


Barrister Ali Zafar, the counsel for the Ravi Urban Development Authority, had argued that the project was environment-friendly and would ensure conservation, clean air for Lahore and include within it a massive forest.


Advocate Amina Qadir, who was appointed as amicus curiae, told the court that the project was not for public welfare. She said the government had been unable to justify the scheme keeping in view the public trust doctrine as Punjab would be bereft of its fertile plains.

Banana republic of pakistan
 

Horus

ADMINISTRATOR
May 3, 2009
40,066
413
97,510
Country
Pakistan
Location
Australia
Sure thing. Tell that to the Agri landholders whose lands are being acquired forcibly.

This is another DHA + Saudi Neom city in making. So no it's no sabotage. It's riding rough shod using eminent domain to acquire land. Only ME princes dream this up.


HK has a housing problem worse than many cities. It's apartments are glorified slums for which you'll find more such gens that I've quoted.


State has the right to acquire land wherever it wants at a fair price.
 

Yeti786

FULL MEMBER

New Recruit

Jan 10, 2022
15
0
20
Country
Pakistan
Location
Pakistan
State has the right to acquire land wherever it wants at a fair price.

And the same laws give people the right to challenge it in court to avoid abuse of eminent domain. So no, it's not sabotage.

Plus US SC defined fair price as the best use case of land to penalize govt and prevent it's overreach. Hence for instance govt is forced to pay prices above market value by assuming that agri land i.e. fallow would be priced as if it provides bumper crop yield. The price offered by Rev. commissioner is peanuts.
 
Last edited:

Menace2Society

ELITE MEMBER
May 2, 2011
8,819
2
14,690
Country
Pakistan
Location
United Kingdom
Trolling isn't allowed on platform or I'll dumb it down more.

Pakistan is a poor country, where slums exist and it's up to us to invest in education and social development. If that's not acceptable to elite you better move to wapda town, dha etc. rather than using public money to build a gated city.

Building 2 Islamabad in each province isn't gonna solve shit.

Pakistan is not a poor country, it's just badly managed and your bucket has holes, massively corrupt.

Allocate funds for new cities and take a loan for it, this will pay off 100x in the long term. Every country has debt, it's how you spend the money that matters.

Look, this is Kuala Lumpur, something like this. I just don't understand how we don't have just one city like this.

1643220661573.png
 
Last edited:

peagle

SENIOR MEMBER
Dec 29, 2019
2,108
10
5,065
Country
United Kingdom
Location
United Kingdom
The LHC didn't take a suo moto or exercised it's jurisdiction. The writ petition was moved by farmers whose Agri land was being forcibly acquired through eminent domain at low rates.

This wasn't industries, it's land grab to build another glorified Islamabad on a nullah.


If only things were so simple. DHA esque housing estate are not the answer. I wish ..

Understood, but rather then cancel, the court can force the relevant authorities to pay the appropriate rates. Or, appoint a committee to resolve the matter, there are many options before full cancelation.

Those options clearly were not taken, how are we going to develop if every major initiative by governments are hemmed in by the courts.
In rest of the world you rarely hear about such interference by courts in the powers of the executive, Pakistani judiciary needs to relax, and allow the governments to govern.
 

Yeti786

FULL MEMBER

New Recruit

Jan 10, 2022
15
0
20
Country
Pakistan
Location
Pakistan

Pak Nationalist

FULL MEMBER
Jul 4, 2021
969
3
1,304
Country
Pakistan
Location
United States
Sure thing. Tell that to the Agri landholders whose lands are being acquired forcibly.

This is another DHA + Saudi Neom city in making. So no it's no sabotage. It's riding rough shod using eminent domain to acquire land. Only ME princes dream this up.


HK has a housing problem worse than many cities. It's apartments are glorified slums for which you'll find more such gens that I've quoted.

Precisely, these nuances would be lost on PTI partisans here who think everyone is out to mow down their party's policies aimed at propelling Pakistan into prosperity. Developmental projects cannot be drawn up to conflict with the law of the land. Any government that does that is either incompetent, has no regard for the law of the land, or has a cavalier attitude towards executing its own signature projects.
 

Users Who Are Viewing This Thread (Total: 1, Members: 0, Guests: 1)


Top Bottom