Govt directed to submit complete record of train project

LAHORE

A division bench of the Lahore High Court Tuesday directed the Punjab government to submit complete record of Orange Line Metro Train project by Wednesday (today). 

As hearing started, the counsel for civil society told the bench that the Punjab government had concealed the facts relating to the orange line project. He said Punjab Metro Bus Authority was the proponent of the project. He opposed the reports filed by NESPAK and LDA. He further argued that the issuance of Environmental Impact Assessment (EIA) in favour of Lahore Development Authority in July 2015 is illegal and without jurisdiction as LDA officially became executing agency on August 25. It showed contradiction, the lawyer argued, which showed mala fide intention on part of Punjab government. It is crystal clear that initially Punjab Metro Bus Authority was the executing agency and later on August 25, LDA was made executing agency. It is lie told by the Punjab government, the lawyer said.

He said no tendering process took place for appointing NESPAK as consultant and contract was awarded to CR-NORINCO, a Chinese company without transparency, in violation of merit and without providing level playing field to other companies.

PC1 of the project was approved without including acquisition cost and displacement cost in April at 1.626 Billion Dollar and ECNEC approved on 8 May 8, 2015 but intentionally for contract purposes on April 20, 2015, Rs1.457 billion dollar was mentioned and in mala fides, August 25, it was revised to Rs1.626 billion dollar.

About 50 billion rupees of acquisition cost not included and as other displacement costs about Rs 20 billion was not included and this amount was not included in PC so all the PC(s) may be summoned.

In view of clause 7 of April 20 th contract, the agreement can only be effective after signing of the Loan Agreement and loan agreement with Axim Bank was signed on Jan 2016 at high mark up and without competition, the lawyer said. 

He argued that EIA Decision from Environment Pollution Agency was defective as the department was short of staff and equipment and the company that prepared technical report was non-certified. He told the bench that in view of clause 11 of the decision of EPA without obtaining NOC and approval project cannot be started but project was started in July 2015 and NOC(s) from Archeology Department was allowed on November 14 and 30, 2015 and acquisition started in August was finalised Jan 16, hence all the work started by the government /LDA is illegal and attract criminal liability.

The lawyer stated that advisory committee under the Antiquity Act is defective and included favourites in order to get favourable decision, whereas civil society placed 8 names of archaeologist and experts and requested for dissolution of Advisory Committee on February 22 which included two MPA(s) and it was admitted by the LDA and the government that Heritage Impact Assessment was made and vibration reports were obtained later on in Feb, 2016, which proved that NOC earlier issued were defective.

He argued that no information and documents has been placed on record and respondents were intentionally withholding the details. Their first stance was that Metro Orange Line is a part of CPEC and now it is not. He prayed to the court to summon complete record of the project.

The petitioners’ lawyer contended that the CM was giving preference to the roads instead of meeting basic requirements including health as beds were not available in hospitals. He said there were not beds at Jinnah Hospital when the injured of Gulshan-e-Iqbal incident were taken there while Metro Orange Line Project is not approved from the Punjab Assembly.

At this, Justice Shahid Kareem observed that loan agreements and any commitment of China will not take precedence over public rights. The bench, however, asked the Punjab government’s lawyer to submit complete record of the project on the next hearing. The bench had already stayed construction on Orange line project within 200 foot radius of historical buildings of the city including Chauburji, shalamar Garden, Buddu Ka Awa, Dai Anga tomb, GPO , Old building of SC registry, Saint Andrew Church and others.