Court verdict on metro train today By Our Correspondent

LAHORE

A division bench of the Lahore High Court will announce its decision on Friday (today) on petitions regarding protection of 11 heritage sites allegedly hit by multi-billion Orange Line Metro Train project.

The bench comprising Justice Abid Aziz Sheikh and Justice Shahid Karim had reserved its verdict on July 14 with an observation that the law envisaged protection of the heritage but the government wanted to protect the project. “The court would do justice which would also be seen,” the bench said.

In this case, Supreme Court Bar Association President Syed Ali Zafar assisted the court on the matter and stated that it was a right of the government to construct and develop public infrastructure in a city to meet the demands of the people. He said it was not for the court to stop the government from planning, expansion and developing infrastructure and it was an established fact that the courts did not interfere in policy matters. However, he said, the development must always be sustainable and whenever the government undertook an urban planning project it must ensure that the project did not harm any protected site.

He said if a development was contrary to the Constitution or the law and fundamental rights, then the court had an obligation to stop such project on the principle that a vibrant existing urban fabric was connected to the right of life. He relied on the Antiquities Act, 1975 and said this law specified that all monuments, objects and sites of historical interest were protected from any damage and as such imposed a positive duty on the government while at the same time prohibiting them from allowing any construction within 200 feet of the monument.

Mr Zafar said if Orange Line Metro Train project would harm any antiquity then there could not be any question of giving any permission for construction. He suggested that the government should appoint a panel of international experts having qualifications and experience to determine the damage and effect of the project on the monuments of Lahore and then make a final decision based on the report of such experts. In case the experts concluded that there was damage to the historical sites, then the relevant changes should be made in the project to ensure that no harm whatsoever was caused to the monuments, he concluded.

Advocate General Punjab Shakil-ur-Rehman Khan told the bench that seeking assistance of international experts on the project was not possible for the government at this stage.  The counsel for civil society said the petitioners had no objection if a commission comprising international experts was formed to determine the impact of the project on monuments. The bench reserved the judgments on the petitions regarding the heritages sites while adjourned hearing of main case against the whole project for a date after summer vacation of the court.

Notices: The Lahore High Court on Thursday issued notices on a petition of Royal Palm Golf and Country Club management seeking directions for lodging a criminal case against federal minister for railways and others on charges of illegally occupying the club and destroying its precious property.

Barrister Aitzaz Ahsan represented the club administration before the court. He argued hat District and Sessions Judge dismissed their petition and did not order police for registration of FIR. He said the railways police at the behest of Federal Minister Saad Rafiq and other senior officials of the department raided the club and expelled management. He said railways authorities caused the petitioner-management a huge loss and did not bother to obey court orders.

He asked the court to order police to register an FIR against railways minister and others for defying the court orders and damaging their business at the club. Justice Shams Mahmood Mirza issued notices to the respondents for September 1.