LAHORE: The Lahore High Court directed the Punjab government to preserve Bagh-e-Jinnah (Lawrence Garden), a heritage garden, and placed the pending development work before the committee constituted under the Punjab Special Premises (Preservation) Ordinance, 1985.
The court observed that it is the duty of the government and any statutory authority to preserve and conserve the premises having historical and cultural value and directed the committee to ensure that the original shape of the Bagh-e-Jinnah is not compromised.
The court directed the committee to ensure representation from the public and the petitioner before taking final decision about the fate of the pending work.
The court also observed that the petitioner or any other person may approach the court again if feels that the law is being violated or the original shape of Bagh-e-Jinnah is being changed.
The court passed this order on a petition of a regular visitor of Bagh-e-Jinnah challenging an order of the Parks and Horticulture Authority (PHA) allowing a skateboard park in the garden.
The counsel of the PHA contended before the court that the purpose of the PHA is to promote green areas and related activities and the jurisdiction of
regulating billboards is to ensure the open
and unrestricted view of the Punjab.
The Punjab government in response to a court’s notice apprised that under the Ordinance of 1985, Bagh-e-Jinnah is already declared as special
premises.
The counsel of the PHA confronted that the land appurtenant thereto and the outer walls thereof are to be included in the special premises.
The Director General Archeology also confronted with Sections 5 and 6 of the Ordinance of1985, which protects alteration or renovation, demolition or re-erection of special premises and imposes a restriction on sanction of such plan.
DG Archeology, however, undertook that a corrigendum shall be notified to include the appurtenant land and trees with the outer wall of the Bagh-e-Jinnah and ongoing projects and alterations shall be placed before the committee.
The court observed that the rationale behind the enactments is to preserve sites and premises having cultural and historical
value because the history lives in architecture
and historical sites, besides representing culture
and identity.
The heritage inspires and unites generations. It helps to educate new generations about history by witnessing heritage buildings and gives awareness of the culture and its value, the court added.
The court observed, Section 5 of the PHA Act of 2012, independent of the Ordinance of 1985, imposes the responsibility of declaring the parks and gardens having cultural and historic value as heritage parks, even if it is not declared as special premises.
But for the parks and gardens already declared special premises, power, and administrative control is restricted and eclipsed by the Ordinance of 1985, the court added.
The court allowed the petition and said the originality of Bagh-e-Jinnah shall not be compromised on the pretext of development, or for any commercial purpose.
PHA can only preserve and conserve “flora and fauna”, but cannot develop to change its original shape, the court concluded.
Copyright Business Recorder, 2023
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