LAHORE: The Lahore High Court (LHC) has ruled that there is need for a paradigm shift in the entire system of acquiring agricultural and cultivated farmland as human security must be at the heart of any “National Security Policy”.

In a 219-page detailed judgement that scrapped the government’s much-celebrated project, the Ravi Riverfront Urban Development Project (RUDR), Justice Shahid Karim observes that human security cannot be achieved under the present dispensation of the Land Acquisition Act of 1894.

He observes that the matter cannot be left unattended anymore as we have crossed a threshold where we are threatened with looming food insecurity, which is likely to aggravate in the coming years. He observes that this is not only a matter within the purview of Article 9 of the Constitution, which ensures right to life but also of national security, a concept that must be enlarged to encompass not only armed conflicts and military defence but also issues such as food security and economic stability.

The judge maintains that undoubtedly, the Ravi Urban Development Authority (Ruda) has not been established to look after the river Ravi basin but it will be engaged in a lucrative commercial activity of urban development.

Detailed judgement says Ruda won’t look after Ravi but lucrative commercial activities

“If the government of the Punjab was seriously considering river Ravi Eco-Revitalization, it could have established an authority for that exclusive purpose,” the judge notes.

The judge directed the provincial government to take speedy steps for implementation of a 2019 report by the Asian Development Bank (ADB) that the government itself commissioned for revitalising the ecosystem of the river Ravi basin.

The judge observes that river Ravi cries out for its revitalisation and the ADB report provides the solution.

Discussing the section 4 of Land Acquisition Act 1894, Justice Karim holds that there is no unfettered discretion in the public law as the courts have evolved strict criteria of judicial review in matters of discretionary powers. He says compulsory acquisition is a serious invasion of the right to property, which must be scrupulously guarded against.

The judge directs the government to start the process of amending the Land Acquisition Act 1894 to conform to socioeconomic realities of present times and to provide for climate justice. He states that a comprehensive legal framework ought to be brought in relation to acquisition of agricultural and cultivated farmlands, keeping in view the aspect of food security.

“Any such acquisition must be allowed only under dire and unavoidable circumstances.”

About the Environmental Impact Assessment (EIA), Justice Karim maintains that the regulations require that all environmental assessments have to be prepared by a registered consultant only. He says till date, the government has failed to notify the date from which the Environmental Protection Agency (EPA) shall stop accepting an environment impact assessment (EIA) prepared by a consultant other than one registered with the agency.

The EIA prepared by the Ruda cannot be held to have been prepared in conformity with the provisions of Pakistan Environment Protection Act (PEPA) 1997 as well as the regulations.

The judge orders the government to notify the regulations within the next one month of the passing of the judgment and till that time, no EIA shall be prepared by an outside consultant who has not been registered in accordance with the regulations throughout Punjab.

“The EIA prepared by RUDA and admittedly so done by an unregistered consultant is held to be ultra vires and unlawful,” the judgement says.

The judge observes that the master plan is the foundational document under the Ruda Act, 2020 and all schemes follow the master plan. He says Ruda has failed to prepare an independent master plan in accordance with the provisions of its Act and any further schemes prepared in the absence of a master plan are unlawful.

The judge also orders the government that any acquisition of agricultural land can only take place after a legal framework has been put in place by making necessary amendments in the statute.

Striking down notification issued under the Section 4 for acquisition of land, the judge observes that the EIA and an approval by EPA have to precede the commencement of acquisition by the collector under the law.

The judge further observes that loan borrowed by the Ruda offends its own law as it fails to comply with the provisions of the Local Authorities Loans Act, 1914.

“The amount of loan procured by the Ruda shall be reimbursed to the government of the Punjab within two months of this judgment,” the judge says.

Published in Dawn, January 28th, 2022