LAHORE
A division bench of the Lahore High Court on Tuesday dismissed an application of the federal government seeking withdrawal of stay against construction in 200 feet radius of historically protected buildings falling in the way of the project.
A division bench headed by Justice Abid Aziz Sheikh and comprising Justice Shahid Karim was hearing federal government’s petition against the stay order. The court remarked that the federal government had no role in orange line project; therefore, its application had no legal value in the eye of the law. The court adjourned hearing on main case untilApril 05.
The LHC had issued a stay order on February 28 stopping authorities from making any construction near Supreme Court building, Chuburji, GPO, Shalimar Garden, Budhu Ka Awa, Dai Anga Tomb, Kapoorthala House, Jain Mandir, Mahraja Building, Saint Andrew’s Church Nabha Road, Lahore Cathedral, and Naulakha Church.
The federal government had challenged this stay order onFebruary 16 through former attorney general Salman Butt saying that the federal government was a necessary party to the project as it had facilitated provision of funds for the project from a foreign country. He said construction work had been suspended following the stay order. He questioned the jurisdiction of the court to intervene in policy matters of the government. He said many judgments of the Supreme Court restrained courts from intervening in policy affairs.
However, he said, the court could give a judicial review to a project if there were complaints of corruption or mala fide intention. The principal law officer argued that the metro train was a public welfare project and such projects were always given priority over heritage sites.
He said the delay in completion of project would escalate the cost of the project. The Punjab government’s counsel Khwaja Haris also had withdrawn his power of attorney to defend the project.
Appearing before the court, a lawyer on behalf of the petitioner submitted that the government was wasting more than Rs250 billion on this project whereas 200 beds in hospitals were not available which disclosed after Gulshan Ravi blast.
This division bench started proceedings after the matter could not be taken up by a five-member bench.
rejected: The Lahore High Court on Tuesday dismissed a petition seeking a Sindh-like Rangers' operation in Punjab under the National Action Plan (NAP).
Justice Shahid Waheed observed that the petition was not maintainable before the court.
Civil Society Network’s president Abdullah Malik and others made this request in a writ petition filed on Monday in wake of deadly suicide attack at Gulshan Iqbal Park.
The petitioners said the PML-N led Punjab government did not formulate any effective mechanism against terrorist activities. They stated that it was inevitable to say that the incumbents had totally failed to provide a secure environment leading to right of living and right of liberty.
They said NAP had been formulated by the nexus of military establishment and other law enforcement agencies and after its formulation a visible shift had been observed and the wave of terrorism, if not eradicated completely, declined at least. The law and order in Karachi is the prime example in this regard, they said.
The petitioners alleged that the ruling PML-N was reluctant to execute NAP in letter and spirit as it did not want to lose its vote bank which directly or indirectly was connected with the operation of rangers in Punjab.
The petitioners asked the court to order implementation of the NAP in Punjab as law enforcement agencies including police had miserably failed to protect the lives of citizens in the province.
additional charge: The Lahore High Court on Tuesday allowed an opportunity to Chief Executive of Quaid-e-Azam Thermal Power Project Ahad Cheema to explain in writing reason for holding additional charge of the post of Lahore Development Authority Director General.
Cheema appeared before the court of Justice Farrukh Irfan Khan along with Advocate General Punjab Shakilur Rehman Khan.
The judge had taken strong notice of the two offices held by the bureaucrat during hearing of a petition filed by a woman who complained that the LDA was not allotting her plot against acquisition of her land. Cheema had been ignoring court summons till the last hearing, when Justice Khan asked the government to appoint a permanent DG of the LDA at the earliest. AGP Khan and Cheema sought reasonable time to submit reply to the court’s queries. The court accepted the request and adjourned hearing for April 27.