In Pakistan, the government has launched a plan to
build a new 'smart' city on the banks of the Ravi River near Lahore in the
Punjab province.
Ravi River New Town: The Future of the Ravi River Front Project in Danger?
The proposed models and images
of the project offer a view of tall buildings and residential areas built on
lush green and small islands, resembling modern cities in the developed world.
Under the Ravi River Front
project, the 120,000-acre city will have forests, lakes, barrages and islands
along with modern housing.
It includes sub-projects such
as Education City, Sports City and Medical City, as well as regular planned
cities.
According to the Ravi Urban
Development Authority (RODA), which is responsible for completing the project,
once completed, it will be the world's largest riverbank city spread over an
area of 46 km. ۔
According to Roda, the project
will enable the restoration of natural environment as well as groundwater
reserves, and the three barrages to be built will store 585,000 cusecs of
water.
Pakistan's Prime Minister
Imran Khan had said at the formal inauguration of the project in September 2020
that the project "has the potential to change the destiny of
Pakistan."
According to him, the project
will not only bring foreign investment in the country but will also provide
employment to millions of people. However, a recent decision of the Lahore High
Court has raised questions about the future of the Ravi River Front project.
The court in its judgment
declared unconstitutional only a few basic provisions of the law under which
Roda came into being.
The court also declared the
process of acquiring land required for the project illegal and quashed the
notifications issued in this regard. The court also declared the scheme and the
schemes under it illegal. The Punjab government has indicated that it will
approach the Supreme Court against the decision. At the same time, they claim
that "work on the first zone of the project is in full swing." Will
be able
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| Ravi River New Town: The Future of the Ravi River Front Project in Danger? |
How did this plan reach the court?
The problem started with the
acquisition of land. A large portion of the land required for the Ravi River
Front is agricultural land. Roda started the process of acquiring the land from
farmers in 2020, but some affected farmers protested against the government's
move.
He said that he did not want
to sell his agricultural land or give it to the government and the government
was trying to get this land from him by force.
He feared that taking away
agricultural land would deprive him of his livelihood and that the compensation
he was being paid in return was not enough to meet his future needs.
Farmers and a number of
environmental activists had approached the court after the initial protests
failed.
The court also barred Roda
from acquiring more land in a restraining order earlier this year.
How much land has been acquired for the project?
Rhoda spokesman Sher Afzal
Butt told the BBC that 4560 acres of land had been acquired so far for about Rs
4 billion.
It also includes the first
part of the 2,000-acre Sapphire project, which has been awarded a contract for
construction work to the Javanese group.
He said that Jawadan Group
includes well-known construction companies of the country. A recent message
issued by Hassan Khawar, spokesperson of the Punjab government and Special
Assistant to the Chief Minister for Information Punjab, said that construction
work was underway on the first zone called Chahar Bagh. "The first phase
will cover 15,000 acres and includes Sapphire Bay, Agri, Knowledge, Emerald
Bay, Topaz Block, Barrages and Lake," he said.
He said that this project will
also recharge the river Ravi.Ravi River New Town: The Future of the Ravi River Front Project in Danger?
It may be recalled that
according to the Punjab government, the Ravi River Front project is to be
completed in three phases. According to Roda, the first phase will cover about
44,000 acres, the second phase about 28,000 acres and the third phase 30,000
acres.
How can a court order affect the plan?
Rhoda's spokesman Sher Afzal
told the BBC that a detailed decision of the Lahore High Court had been issued
on Thursday and that his "future strategy would be decided after a review
by the legal team". He said that Rhoda could approach the Supreme Court
for redressal against this decision.He said that Rhoda would continue his work
in the light of court decisions. According to legal experts, if the Rhoda and
Punjab governments approach the Supreme Court against this decision, then the
future of Ravi River Front will be clear only after the decision of the Supreme
Court. But it will be difficult to do more.
The reason for this is that
the Lahore High Court in its judgment has declared unconstitutional or illegal
only the basic provisions of the law regarding the establishment and operation
of Rhoda. Many of the measures taken by Roda have also been declared illegal.
There is no independent master
plan ... Schemes are illegal.
The detailed judgment of the
Lahore High Court states that according to the Rhoda Act 2020, 'Master Plan is
a basic document and all schemes are formulated in accordance with this master
plan'. Failed to create. Therefore, any further schemes devised in the absence
of this master plan are illegal.
Lawyer Rafi Alam was
representing a petitioner in the case. He told the BBC that Roda had submitted
a master plan to the court during the trial, but that it was not an independent
master plan. "It was based on a feasibility report prepared by the then
government in 2013, prepared by the Lahore Development Authority."
The Lahore High Court in its
judgment also declared illegal the master planning or schemes devised by Rhoda
in the absence of agreement with the local bodies.
Why were the schemes made under the scheme declared
illegal?
The Lahore High Court judgment
said that Rhoda was bound to work under an agreement with the local government
under section 6 of the 2020 Act for master planning and preparation of schemes,
but it did not do so.
However, Rhoda officials
argued in court that Article 4 of the Rhoda Act 2020 Amendment Ordinance 2021
had exempted them from this restriction and that there was no local government
before the Amendment Ordinance came into force.
Lawyer Rafi Alam told the BBC
that during the court proceedings last year, the then acting governor of
Punjab, Pervez Elahi, had issued an amended ordinance, according to clause four
of which Rhoda was bound to work in agreement with local governments. However,
the Lahore High Court in its judgment has declared unconstitutional only clause
four of the amended ordinance.
Ravi River New Town: The Future of the Ravi River Front Project in Danger?
The court also declared
unconstitutional sub-sections 34, 18 (2), 29, 30 and 31 of section six of the
Road Act 2020. The court quashed the entire amendment ordinance as
unconstitutional as it contradicted Article 128 of the Constitution.
Regarding the acquisition of
agricultural land by the farmers from Roda in return for their own fixed
compensation, the court wrote in the judgment that the acquisition of
agricultural or cultivable land can be done only if it is first required by
law. No legal framework should be created through amendments.
The court also struck down the
notifications issued under the Land Acquisition Act, 1894. According to the
decision, the process of acquisition of land by the collector begins after the
Environmental Protection Agency reports the impact of the project on the
environment. According to the court, the collectors of Lahore and Sheikhupura
had failed to follow the procedure before issuing notification under Land
Acquisition Act, 1894. Therefore, these notifications are deleted.
At the same time, the court
directed the Punjab government to initiate the process of legislation to bring
the Land Acquisition Act, 1894 in line with the constitutional requirements.
The acquisition of agricultural and farmland should be given a separate category.
Where does the plan actually stand after the court
decision?
A recent statement by Hassan
Khawar, Advisor to the Punjab Chief Minister on Information, said that the
government respects and implements court decisions and Rhoda will continue its
work in the light of court decisions. After this decision, Rhoda will have to
start the process of acquiring land anew. Before that, the government will have
to make the necessary legislation.
A lawyer involved in the case, speaking on condition of anonymity, told the BBC that this meant that Roda would have to reclaim the land it had already acquired under the new compensation.
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