The Supreme Court with a majority of four against one allowed the Orange Line Metro Train project to proceed with 31 conditions and directions. The conditions imposed by the court are meant to protect, preserve and renovate the 11 heritage sites that fall along the train route. As per the court order, experts will not only continuously monitor vibration levels during the construction period but a system of permanent monitoring and oversight would work during the train operation to ensure no harm is caused to the monuments. According to report, the court has also ordered the relevant authorities to make sure the project structures, like train stations, are in complete harmony with the monuments and special areas. It has further ordered anti-encroachment measures and establishment of green belts around the protected places. NESPAK, Lahore Development Authority, Punjab Transit Authority and Punjab government had filed appeals against a Lahore High Court judgement in on the matter. The LHC had set aside the NOC issued by the Archaeology Department and ordered to stop the work on the multi-billion dollar train project within 200 feet of 11 heritage sites in the provincial capital. The apex court set aside the Lahore High Court impugned judgment and allowed the instant appeals. It unanimously dismissed the Civil Petition and refused the leave to appeal. Justice Maqbool Baqar wrote a dissenting note in the majority judgment which endorsed and approved 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.
The court directed the provincial government to set up Rs100 fund for the repair and renovation of the 11 heritage sites.It also ordered Punjab government to form two technical committees within 30 days to oversee technical aspects of the project. A broad-based special committee will be chaired by a retired Supreme Court judge and comprise Archaeology DG, an Archaeology professor from University of the Punjab, UET Lahore’s head of structural engineering department and a senior professor nominated by NCA. It shall oversee implementation of the judgment of the apex court and determine if any of the heritage buildings have suffered any damage from construction work on the project. The other committee will assess any losses suffered due to the suspension of construction work because of the LHC decision. This is a good decision and will create positive impacts for all stakeholders. The decision will also increase the confidence of foreign investors. These national monuments possess great historical and cultural importance and these should be protected at any cost. The government should make all necessary steps to ensure that the monuments remain safe and undamaged during the implementation of the scheme. The government should now complete the remaining work on fast track basis to save time and money.
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