LHC rules govt must honour approvals; restrains RDA from interfering with project
RAWALPINDI:
The Lahore High Court’s Rawalpindi Bench has issued its detailed verdict against the proposed cancellation of a no-objection certificate (NOC) and demolition of construction on 102 kanals and 14 marlas of land linked to the controversy over issuance of an NOC for a service area before the inauguration of the Rawalpindi Ring Road.
The court held that in a civilised society, citizens must have confidence that promises and approvals given by the government and its institutions will be honoured, and that the government cannot backtrack on its decisions.
It also described the conduct of the Rawalpindi Development Authority (RDA) as irresponsible and ordered that the NOC remain valid.
Justice Jawad Hassan disposed of a petition filed by citizen Mazhar Rahim Awan. According to the petitioner, he had obtained all required NOCs from the RDA and other relevant authorities for a service area, petrol pump, commercial buildings and right of way on both sides of the Ring Road over 102 kanals and 14 marlas of land.
He stated that he had paid Rs178.413 million in NOC, planning approval, commercialisation, building plan fees and other dues, and had invested over Rs750 million in emergency services, a petrol pump, mosque, restaurant, rest area, plantation and other facilities.
The project had also been approved by the District Planning and Design Committee, while commercial valuation was carried out by the District Price Assessment Committee.
The court observed that when the petitioner was threatened with cancellation of the NOC, withdrawal of approvals and stoppage of construction, he approached the court. During proceedings, however, the RDA neither submitted its report nor para-wise comments and repeatedly sought more time without reasonable justification.
Justice Hassan held that a government institution is expected to assist the court rather than delay proceedings.
The court further ruled that threatening to cancel the NOC or halt development work after approvals had been granted by all relevant forums was contrary to Article 10 of the Constitution.
The court ordered that the NOC for the service area on both sides of the Ring Road should neither be cancelled nor withdrawn and restrained the authorities from interfering with construction or demolishing any structures.
The NOC for the service area and right of way was issued on January 28, 2026.
Following the controversy, the Punjab government removed the Rawalpindi commissioner, deputy commissioner, additional commissioner (revenue), additional deputy commissioner (revenue), and former RDA director general Kunza Murtaza from their posts and directed them to report to the S&GAD.
Newly appointed Rawalpindi Deputy Commissioner Capt (Retd) Nadeem Nasir, who has also been given the additional charge of Director General of RDA, vowed to thoroughly investigate the controversy surrounding the issuance of an NOC for land along the Rawalpindi Ring Road.
After assuming charge, he immediately visited the RDA office and chaired an emergency meeting. According to sources, after a brief introduction, he sought details of the recent controversy related to the Ring Road project. RDA officials, however, were unable to provide satisfactory answers.
Capt (Retd) Nadeem Nasir told officials that no one responsible would be spared and that a complete inquiry would determine how the NOC was issued.
The controversy emerged after an NOC was granted for 90 kanals of land by former RDA Director General Kunza Murtaza, following which the Rawalpindi commissioner, deputy commissioner and two other officers were removed from their posts.