LAHORE: The Ravi Urban Development Authority (RUDA) can be taken to court.
'The legal immunity accorded to its officers in RUDA Act 2020 did not mean that the Authority or its officers were above the law," said RUDA spokesperson Sheikh Muhammad Imran here on Monday.
While referring to the immunity clause in the Act, Imran said that Section 4 (2) of RUDA Act 2020 allows the Authority to be taken to court which states that "the Authority shall be a body corporate, with perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and may by the said name, sue and be sued".
He observed that powers given to the Authority under the RUDA Act 2020 will facilitate the quality execution of this project as per international standards for river front cities.
"The project will prove to be a game-changer not only for Lahore but also for Pakistan by generating economic activities, large number of employment opportunities and elevating the lifestyle of the people," he added.
The immunity clause, Section 48 of the RUDA Act 2020, states, "No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, the Director General, any member, officer, servant, expert or consultant of the Authority, in respect of anything done or intended to be done in good faith under this Act".
Moreover, section 49 of the RUDA Act titled "Jurisdiction of courts barred" states, "Save as otherwise provided by this Act, no court or other authority shall have jurisdiction to question the legality of anything done or any action taken in good faith under this Act, by or at the instance of the Authority."
According to him, such clauses were always in the statute of any authority to ensure smooth functioning of the government's machinery, since they remove the fear of undue accountability and harassment "in respect of anything done or intended to be done in good faith", so that a civil servant may not be unduly dragged to court for each and every action he takes or signatures he makes in his official capacity. The essence of these clauses lies in the concept of "good faith"; therefore the acts done otherwise are liable to be taken to the court and other relevant forums.
While elaborating further the ubiquitous nature of "immunity" and "jurisdiction of courts barred" provisions, he said that such clauses are essential part in various legislations. He said that the Section 42 and 43 of LDA Act 1975 provide similar immunity to the LDA and its officers and bar the jurisdiction of the courts, respectively.
"Do such provisions prevent anyone from bringing legal proceedings against LDA and its officers. Despite the presence of these sections in the LDA Act, thousands of cases are filed against LDA in various courts. It is up to the courts to decide whether a certain act, which is complained against was done in good faith or not," he added.
"Therefore, hue and cry over the inclusion of such clauses, which is a standard legislative practice, in RUDA Act is baseless and disappointing," he said.
Imran expressed his hope that masses will not pay heed to nefarious propaganda being disseminated with sole purpose to discredit and damage the Ravi Urban Development project for political gains.
"The project will bring prosperity with sustainability to the area by addressing key issues and preserving water resources, while giving a boost to the economic activities by creating new business and job opportunities," he added.
Copyright Business Recorder, 2020