SC reserves verdict in Orange Line Train project

ISLAMABAD: The Supreme Court (SC) on Monday reserved the judgment in the Orange Line Metro Train project case and directed the counsel for NESPAK to file a rejoinder to an architect’s report.

A five-member larger bench, headed by Justice Ejaz Afzal Khan, reserved the judgment in the appeals of NESPAK, Lahore Development Authority, Punjab Transit Authority and the Punjab government against the Lahore High Court verdict after hearing to the counsels of all the parties in the matter.

The Lahore High Court had set aside the NOC issued by the Archaeology Department and ordered to stop the work against which NESPAK, Lahore Development Authority, Punjab Transit Authority and the Punjab government filed an appeal against the Lahore High Court's verdict.

On Monday, the court after reserving the verdict asked Azhar Siddique, counsel of Civil Society Network, to file reply on the reports of LDA, NESPAK and the Punjab government.  The court also directed NESPAK counsel to file a rejoinder to Kamil Khan Mumtaz, architect’s report.

Kamil Khan Mumtaz told the court that no study was conducted pertaining to foundations of the historical places adding that the NESPAK has prepared the report on mere assumptions. He said that in Delhi, underground tracks have been made for the protection of historical places adding that these tracks pass under the Jamia mosque and Delhi Fort.

Shahid Hamid, counsel for NESPAK however, argued that it’s easy to give advice for underground train but practically it is very difficult. Justice Ijazul Ahsan, however, observed that they have reservations as to whether the foundations of historical places may not be affected due to the project.

Khawaja Haris, counsel for LDA, informed that Chuburji was declared as protected site in 1912, Badami Bagh, Shalimar Garden and Zaibun Nisa in 1940 and all these buildings were declared heritage under Antiquity Act, 1975. He alleged that widening of GT Road and expansion of Bhagbanpura had destroyed the Shalimar Garden.

He said that sensors and scanners would be installed to record any damage to the structure and if any damage is caused to the heritage then it would be reported to the authorities.  Makhdoom Ali Khan argued that prior to issuance of No Objection Certificates (NOCs) two reports by LDA and NESPAK were prepared, after them five more reports were obtained and total nine reports were prepared.

Meanwhile, the court reserved the judgment and directed Azhar Siddique, counsel of Civil Society Network, to file reply on the reports of LDA, NESPAK and the Punjab government.  The court also asked the NESPAK counsel to file rejoinder to Kamil Khan Mumtaz architecture’s report.