| Citation(s) |
|---|
| 2025 SLG 1186 2025 SLD 1186 = 2025 SCMR 606 |
Supreme Court of Pakistan
Civil Petitions Nos. 2918-L and 3039-L of 2015, decided on 31st January, 2025. Date of hearing: 31st January, 2025.
PRESENT: SYED MANSOOR ALI SHAH, AND AQEEL AHMED ABBASI, JJ
Muhammad Umer Riaz, Advocate Supreme Court for Petitioners (in both cases) (via video link from Lahore). Mohsin Mumtaz, Advocate Supreme Court along with Asad Ullah Khan, Secretary Housing and Urban Development, Punjab, Ghufran Ahmad, M.D. WASA, Lahore, Zeeshan Bilal, Director (P&D) WASA, Lahore and Muhammad Usman Asif, Advocate Supreme Court for
Respondents (via video link from Lahore).
Civil Petitions Nos. 2918-L and 3039-L of 2015, decided on 31st January, 2025. Date of hearing: 31st January, 2025.
PRESENT: SYED MANSOOR ALI SHAH, AND AQEEL AHMED ABBASI, JJ
Muhammad Umer Riaz, Advocate Supreme Court for Petitioners (in both cases) (via video link from Lahore). Mohsin Mumtaz, Advocate Supreme Court along with Asad Ullah Khan, Secretary Housing and Urban Development, Punjab, Ghufran Ahmad, M.D. WASA, Lahore, Zeeshan Bilal, Director (P&D) WASA, Lahore and Muhammad Usman Asif, Advocate Supreme Court for
Respondents (via video link from Lahore).
SYED ALI HUSSAIN AND OTHERS ---PETITIONERS
VS
SENIOR MEMBER/MEMBER (REVENUE) BOARD OF REVENUE PUNJAB, LAHORE AND OTHERS ---RESPONDENTS
Law: Punjab Land Acquisition Rules, 1983
Section: 14
Punjab Land Acquisition Rules, 1983-------R.14---Acquired land---Restoration to original land owners---Non-utilization of land---Land was acquired from respondents/landowners with the promise to set up Waste Water Treatment Plant (WWTP) but that had not materialized for over three decades---Effect---Water And Sanitary Agency's (WASA) inaction over such years had represented a serious failure in upholding its commitment to both public welfare and private rights---If there was no success reported in September 2025, the question would be open before Supreme Court as to whether land acquired three decades ago for a public purpose, which had not been fulfilled, could result in the land being restored to its original owners as per Rule 14 of Punjab Land Acquisition Rules, 1983---Supreme Court considering the importance of WWTP and its bearing on fundamental rights of the people, expected from WASA to reconsider its financial and technological options while pursuing its negotiations with French Development Agency (AFD)---Supreme Court extended time to the authorities to conclude the matter latest by end of August 2025---Supreme Court directed ECNEC to submit its final report to the Court before the next date of hearing---Supreme Court directed the office to fix the case in last week of September 2025 to assess whether the relevant authorities had successfully concluded the matter after exploring all possible financial and technological alternatives---Petition was adjourned.ORDER:BackgroundLand measuring 6,937 kanals was acquired by the Water and Sanitation Authority ("WASA"), an agency of the Lahore Development Authority ("LDA"), in three mauzajat of Tehsil and District Lahore - Babu Sabu, Jhuggian Nagra, and Niaz Beg - in 1991- 1992 through two awards dated 24.12.1991 and 23.02.1992. The land was acquired for the public purpose of setting up a Wastewater Treatment Plant ("WWTP") to treat the contaminated wastewater flowing into the River Ravi.Funding Challenges and Revised Plans2. Initially, the WWTP was to be funded by the World Bank, but negotiations did not materialize, and nearly three decades have passed without any progress on the ground. The Managing Director,…