The suspension of construction work at 11 heritage sites along the Orange Line Metro Train (OLMT) route persists, as the decision of the Supreme Court (SC) is awaited in this regard.
The Nespak reports, dated July 2015 and February 2016, declares that the heritage sites are not prone to damage caused by vibrations due to the train running close to them and that due care was being taken for their protection.
The SC is hearing an appeal against the August 19 order of the Lahore High Court (LHC) that had called for the suspension of the construction work within 200 feet of these heritage sites. The order was passed after the hearing of the petition filed by architect and conservationist Kamil Khan Mumtaz who had challenged the Nespak reports.
The court had invited names of experts from appellants and respondents and of these selected M/s TYPSA-Asian Consulting Engineers (Pvt.) Ltd. and Professor Robin Coningham, from the Department of Archaeology, University of Durham, UK to review the reports.
Interestingly the two experts have come up with totally conflicting findings on the Nespak reports. The consulting firm has termed the reports acceptable, especially in terms of structural stability and against vibrations, whereas the professor has termed them in contravention with the existing laws on heritage sites.
Civil society activist Maryam Hussain points out that the experts were supposed to study the reports in the light of the two laws -- the Antiquities Act, 1975 and the Punjab Special Premises (Preservation) Ordinance, 1985 -- and not in the engineering and construction context.
She says Coningham points out that Nespak has given little consideration to laws pertaining to visual impact of construction near heritage sites. She says it is a pity that pylons have been constructed just next to the heritage sites -- "something totally unacceptable in these laws".
Hussain adds that the pole constructed for via duct just two metres away from the ancient waterworks at Shalamar Gardens is totally unacceptable. "No concern has been shown to protect the underground network that would ensure water supply to seven gardens that once existed in this area".
The heritage sites covered under the Nespak study include Shalamar Gardens, Gulabi Bagh Gateway, Buddhu ka Awa, Chauburji, Zebunnisa’s Tomb, Lakshmi Building, General Post Office, Aiwan-i-Auqaf building, Supreme Court’s Lahore registry building, St Andrews Presbyterian Church at Nabha Road and Baba Mauj Darya Bukhari’s Shrine.
She is also concerned that the work going on near these sites will go waste if the LHC decision is withheld and the government is asked to go for alternative route or underground passages.
However, according to a government official, who does not want to be named, Coningham is only a professional in the field of archaeology and not an expert on structural engineering. "He has reported only on the visual impact. He lacked the capacity to analyse the Nespak report on vibration. He should have commented on whether the vibration values given in these reports are within permissible limits or not."
Advocate Azhar Siddiq believes that many issues related to the OLMT are either completely ignored or not taken seriously. For example, he adds, although non-transparency followed in its execution has been questioned in the court, the government refuses to provide any documents. "Applications were submitted both in the court and with the Punjab Information Commission but to no avail," he adds.
He says the international tender for this purpose was withdrawn and a Chinese company was awarded the contract. "But the government is not ready to come and explain in the court why the due process was bypassed."
According to him, the contract awarded to Nespak -- a government organisation without any such prior experience -- violates the Public Procurement Regularity Authority (PPRA) rules. "As the government has obtained commercial loan at 4.5 per cent from Exim Bank it has to follow these rules," he adds.
Mumtaz refrained from commenting on the issue as he is waiting for the court’s verdict on the experts’ reports. Similarly, Khawaja Hassaan Ahmed, who has been the focal person of the OLMT project, says that he was abroad and not fully aware of the developments.
However, activist Raheem ul Haq believes that the entire focus is on the fate of heritage sites. "Hundreds of businessmen and workers at business establishments along Multan Road have not earned anything for months."
He says work on Multan Road has been delayed because the contract with the local contractor was cancelled and a new one has not been selected, apparently because a legal battle has ensued.
"The non-payment or partial/fractional payments to people displaced here is yet another issue that needs to be looked at," he concludes.