SC gives conditional go ahead to Orange Line Train project

ISLAMABAD: The Supreme Court (SC) on Friday allowed the Punjab government to proceed with the construction of Orange Line Metro Train (OLMT) project in Lahore, subject to 31 conditions.

A five-member larger bench of the apex court, headed by Justice Ejaz Afzal Khan and comprising Justice Sheikh Azmat Saeed, Justice Maqbool Baqar, Justice Ijazul Ahsen and Justice Mazhar Alam Khan Miankhel, set aside the verdict of the Lahore High Court (LHC), halting the construction of the project.

Following the SC verdict, Punjab Chief Minister held PTI Chairman Imran Khan responsible for the delay in the project. The bench with majority of four to one announced the verdict, earlier reserved in April. Justice Maqbool Baqar wrote a dissenting note. The court conditionally allowed the Punjab government to proceed with the project.

“With majority of 4 against 1, Maqbool Baqar, J, dissenting, we endorse and approve the NOCs,permission letters issued by the competent authorities and the recommendations of experts relating to execution, mitigation and remedial measures required to be adopted by the executing agency and allow the project to proceed subject to certain conditions,” the court announced in a short order.

The Punjab government as well as National Engineering Services Pakistan (Nespak), Lahore Development Authority (LDA) and Punjab Transit Authority had filed appeals against the August 19, 2016 verdict, delivered by the LHC, halting the construction of the project within 200 feet of 10 protected heritage sites including GPO, Supreme Court Lahore Registry, Hazrat Baba Mauj Darya, Lakhsmi Chowk, and others.

Nespak, a consultant for the metro train project along with China Engineering Consulting Group, in its appeal against the LHC verdict contended that the learned High Court has erred in ignoring and disregarding its national and international expertise, experience and its status as well.

On Friday, the court directed the government of Punjab to set up within 30 days an Antiquity and Special Premises Fund with the sum of Rs100 million, which shall be dedicated to monitoring, renovation and reconstruction work of 11 protected and special premises.

The court ruled that it will be a revolving fund and shall be replenished on yearly basis and should be utilised firstly for the maintenance, preservation, restoration and renovation work of protected and special premises and then on other antiquities and special premises situated in Lahore as may be recommended by the special committee of experts constituted under this judgment.

“The court directed the Punjab government that a broad based Special Committee of Experts consisting of Archeology Department director general, a professor of the Department of Archeology, University of the Punjab, head of Department of Structural Engineering, University of Engineering and Technology, Lahore, a senior professor nominated by the chairman of Board of Directors of National College of Arts and chaired by a retired judge of the SC nominated by the Chief Justice of Pakistan (CJP) should be notified which shall oversee implementation of the judgment of this Court and the directions issued herein,” reads the court order.

“This committee shall also make such further recommendations to the Chief Minister Punjab to undertake such measures as may be necessary to implement and enforce the directions and recommendations made in this judgment”, the court ruled, adding that the tenure of the committee shall be one year from the date of its notification.

The court directed that the government of Punjab will retain the services of at least three experts having expertise in the field of archeology and renovation, preservation and maintenance of antiquities and special premises. “One of the experts shall be a person having expertise in structural engineering. All three experts will work as a Technical Committee with tenure of one year,” says the short order, with the ruling that the Technical Committee shall report to advise and assist the Special Committee of Experts.

The court further ruled that the committee shall, if required and with the approval of Archeology Department director general, retain services of such other experts as it may consider necessary to undertake its work more effectively regarding the steps required to be taken to monitor the protected and special premises all over Lahore and suggest necessary remedial measures to ensure the safety of all protected and special premises in the city.

The court emphasised the fact that the present condition of the protected and special premises calls for major preservation, renovation, reconstruction and repair work. The court directed: “The government of Punjab shall take immediate steps and we have been assured by learned Advocate General, Punjab, that such steps shall immediately be taken to start repair and renovation work for which the requisite funds will be made available within 30 days from the date of this judgment.”

The court, while making certain conditions for the continuation of the project, directed that the Punjab government should make all necessary arrangements to ensure that the monuments remain stable and undamaged in all respects during the execution of the project as specified in the HIA and Study of Control of Vibration, Noise and Foundation. “In case, it is found that vibration levels at any stage of the construction or operation are exceeding safe limits, construction work, operation shall immediately be discontinued and remedial action shall be taken to ensure that such levels are brought down to acceptable limits,” says the short order. The court ruled that technical experts shall be present at the sites during the construction phase with all necessary equipment for monitoring the vibration levels.

The bench directed appointment of an independent and experienced conservation engineer to monitor the project during the construction and operation phases. “He shall submit monthly reports to the Advisory Committee which shall make such further recommendations to the Director General, Archaeology, as may be required to ensure that the project as a whole is meeting all technical requirements meant to preserve, protect and conserve the antiquities or protected premises,” reads the order.

The court ruled that on completion of the project, the train shall be operated on experimental basis for at least two weeks on the entire length of the route and the vibration levels shall be monitored to ensure that the same are within the acceptable limits. Commercial operation shall not commence unless written clearance is given by the experts confirming that vibration levels have consistently been found to be within acceptable limits, it said.

“The speed of the train shall be reduced while passing near the monuments as recommended by the Directorate General of Archaeology from time to time on the basis of data made available to it,” says the short order. The court also directed for setting up special teams consisting of qualified experts which will periodically inspect all antiquities and special premises to detect any damage or deterioration at the sites. Proper records and logbooks shall be maintained for this purpose, it said.

“Any damage or deterioration shall be reported to the Director General, Archaeology in writing who shall take remedial steps necessary to ensure safety of the buildings and structures,” says the order.

The court directed, “Recommendations of the Advisory Committee (already set up) shall be placed before the Directorate General of Archaeology, who shall take necessary steps to ensure that the same are complied with in letter and spirit by all concerned agencies, contractors, sub-contractors and operators, adding that where excavation is necessary it shall be carried out in a way that it would not affect any structure or foundation of the antiquities or special premises.” Similarly, the court directed that where necessary special arrangements shall be made to stabilize and strengthen the structure of the antiquities and special premises. It directed that the appellant shall ensure implementation of additional mitigation and remedial measures as mentioned in vibration analysis report by Nespak, Heritage Impact Assessment (HIA) as well as in the reports submitted by Dr Uppal and Dr Rogers;

The court directed: “Excavation would be carried out in a way that would not affect any of the exposed or buried structure of the special premises and in case any adverse impact to the antiquities or special premises during excavation, construction or execution, the appellant and all other related agencies shall immediately and forthwith stop and discontinue further work, take all possible actions to protect and conserve the antiquities and special premises and in this regard, involve such experts and consultants as may be necessary to ensure that the causes and effects of the adverse impact are effectively removed.”

The court directed setting up of a dedicated hotline telephone numbers for people to report any damage being done to antiquities and special premises. Complaints will be investigated within seven days and necessary repair, renovation work shall be commenced within 30 days, ruled the court.

The court directed that dust pollution during construction shall be controlled through extensive sprinkling of water on regular basis and taking such other steps including but not limited to covering the monuments with protective sheets.

The court also directed that the hydraulic tank of Shalimar Garden shall be restored, as far as possible, to its original position and the surrounding area will be converted into a green area. “Similarly, structures on the southern side of the Shalimar Garden shall be camouflaged through construction of a wall in consultation with the Directorate General of Archaeology,” says the short order

It directed that all future projects which directly, indirectly and incidentally involve antiquities or heritage sites shall in the first instance be widely publicised through print and electronic media at least six months prior to proposed date of commencement and public hearings shall be conducted to hear objections, if any, against such projects.

After the SC decision, Punjab Chief Minister Shahbaz Sharif held the PTI responsible for 22-month delay in the construction of the OLMT project. "Imran Khan and his team have caused the delay in Orange Line Metro Train project and the nation will not forgive them for the grave crime," he added.

Speaking to the media, he said that the PTI had moved the Supreme Court against the project and then, as hidden enemies, they did the same in the Lahore High Court. "The revenge they have taken is not from me rather from the poor people of the city. The PTI did not want the people to benefit from an efficient, decent and cheap transport system," he added. He said had the project completed on time and not subjected to delays, it would have set thousands of vehicles off the road and could have led to less severe smog in the provincial capital.

When asked when the project would be operational, the chief minister said it was to be inaugurated on December 25 (Quaid-e-Azam day), according to the original plan. However, he said, he would announce the date later. He vowed to complete the project by working day and night so that the backlog could be covered.

The chief minister, criticising the PTI further, said they could not have even lay a single brick for the metro project in Khyber-Pakhtunkhwa even after passage of four-and-a-half years. The chief minister was highly grateful to the apex court for accepting the appeal of the Punjab government against the LHC decision, adding that the Punjab government would surely meet all the conditions set by the apex court.

Separately, the chief minister, in his message on the International Anti-Corruption Day, said the country’s image had improved at the international level due to the steps taken for eliminating corruption and ensuring transparency in the government affairs. “It is a need of the hour that coordinated, sustained and effective efforts should be made to rid the society of the menace of corruption on a priority basis.”

Also on Friday, Shahbaz visited the under-construction Pakistan Kidney and Liver Transplant Institute (PKLI) and inspected various sections, directing the authorities to speed up the pace of work.