LAHORE: A full bench of the Lahore High Court on Thursday struck down a notification for land acquisition of "Elevated Expressway project" here on emergency basis and halted the project.
However, the bench allowed the respondents including the Punjab government, land collector Lahore and others to acquire land for the project through routine process.
The bench headed by Justice Syed Mansoor Ali Shah passed the orders while allowing petitions filed by Dr Naseem Zaman and others challenging the process for acquisition of land for Elevated Expressway project, Gulberg/Jail Road Boulevardto Motorway M-2.
During the course of hearing, the petitioners' counsel Shahzad Elahi arguing before the court submitted that land acquisition on emergency basis under section 17(4) of Land Acquisition Act could only be done in critical conditions.
However, the respondents had issued section 17(4) notification to acquire 886 Kanal land for the project despite the fact that the project did not involve any emergency, he added. He pleaded the court to set aside the notification of land acquisition on emergency basis, being illegal.
But, a provincial law officer opposed the request and submitted that it was discretionary powers of the government to decide whether to purchase land on emergency basis or through routine process. He contended that the court did not have any authority to interfere as it was a policy matter.
However, the bench after hearing the arguments agreed with petitioners' counsel stance and set aside notification of land acquisition on emergency basis.
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