A full bench of the Lahore High Court here on Thursday rejected Punjab government's project of 'Elevated Expressway' from Gulberg to Motorway-II after the government failed to establish urgency being shown for acquiring land for the project. The bench passed this order while allowing hundreds of petitions against the project and set aside all notifications issued under Land Acquisition Act 1894.
The bench in its short order observed that the court would issue guidelines for the government to follow before launching a development project. The bench also observed that the education and health sectors should be on priority list of the government instead of development projects.
The petitioners had submitted that the government imposed an emergency like situation and had been acquiring their land under section 17 of the Land Acquisition Act by demolishing their homes to build over Rs 27 billion expressway project. They said the government had not conveyed them the reasons behind that urgency. The petitioners asked the court to set aside the project and acquisition of their land. Some petitions also argued out that the government had not carried out Environmental Impact Assessment's survey. Some other petitioners objected to the huge public money being spent on the project saying the government totally neglected education and health sectors.
LDA however stated that the construction of the elevated expressway was a public welfare project. It said the project was a mandate of executive and the high court should not take judicial review of the matter. The affectees of the project had appropriate forums for legal remedy under Punjab Land Acquisition Act, it further added. It said cases relating to compensation against acquisition of land could be taken civil courts.
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