The Supreme Court Monday allowed the Punjab government to continue work on Ravi Urban Development Authority (RUDA) project and suspended the Lahore High Court order in this regard.
A two-member SC bench – comprising Justice Ijaz Ul Ahsan and Justice Syed Mazahar Ali Akbar Naqvi – heard the case filed by the Punjab government against THE LHC order. The LHC had declared the project unconstitutional on January 25.
During the course of proceedings, the court reprimanded the legal team of the Punjab government for appearing before the bench in the case unprepared.
Addressing Advocate General for Punjab Ahmed Awais, Justice Ijaz said it seemed he (AG) didn’t prepare the case. He observed that the Advocate General was unable to answer court queries.
The AG Punjab said the provincial government was not a party to the case in the high court’s verdict.
Justice Ijaz said it did not matter if Punjab government was not a party to one of 18 petitions.
He asked what was wrong with the decision of the high court. The Punjab government had presented its position in the high court, he added. He asked the AG to not go into technicalities and present solid arguments. The Additional Advocate General said that the Environmental Agency filed petitions against the public interest.
Justice Ijaz said according to records, acquisition of land for the project was also challenged. The provincial government’s legal team should not misrepresent in the court, he added.
The bench remarked that work could be continued on land whose owners had received payments and work could not be done on land which payment had not been transferred to owners.
The court issued notices to the parties on government appeals and remarked that it would consider whether an intra-court appeal could be filed against the decision. If an intra-court appeal was made, the case would be sent to the Lahore High Court, he added.
The counsel for RUDA said that the high court had declared the issuance of the ordinance as a delegated authority.
Justice Ijaz noted that the high court had cited the US Constitution. American and Pakistani situations and constitutions were different, he added.
The counsel for RUDA said that the housing societies had filed petitioners in the high court. Justice Mazahar said that the conflict of interest between housing societies was clear. He said the Punjab government had raised objection that the high court could not intervene.
On a court query why an intra-court appeal was not filed against the decision of the high court, the Punjab government replied that the forum for relief was the Supreme Court. The bench remarked that the court would review all replies. The Supreme Court would also review why the intra-court appeal was not filed, it added.
The court remarked that the parties could submit additional documents in one month and adjourned hearing of the case.
