The Supreme Court on Monday decided to hear multibillion dollar Orange Line Metro Train (OLMT) project case on a daily basis. Resuming the hearing on pleas of Punjab Masstransit Authority (PMA) and others challenging Lahore High Court's stay order that halted the OLMT project construction within 200-feet of 11 heritage sites of Lahore, a 5-member larger bench headed by Justice Ejaz Afzal Khan said the court is not against any mass transit project development but it would impede any project that strongly militates against heritage.
Justice Azmat Saeed Sheikh said, "The court is in favour that the mass transit should be completed but there should be no violation of law of the land." On behalf of civil society, Advocate Mohammad Azhar Siddique had challenged the OLMT project before the LHC which on August 19, 2016 stayed the construction work of the project within the 200-metre radius of 11 heritage sites, protected under the Punjab Special Premises (Preservation) Ordinance, 1985 and the Antiquity Act, 1975.
Earlier, the PMA counsel had tried to convince the apex court about a possible delay in the project, however, the Supreme Court turned down the plea and issued notices to the parties to the case in response to the application filed for vacating the stay order.
On Monday, appearing before the larger bench, National Engineering Services Pakistan (Nespak) counsel Shahid Hamid apprised that environment assessment study report of the project has been submitted in the Supreme Court Registry, Lahore.
Justice Azmat Saeed Sheikh observed that in Pakistan institutions do not enjoy public trust. Justice Ijazul Ahsan said that most of the work has been done without any damage to the heritage. During the proceedings, a film of the project shot through a drone camera was disseminated in the courtroom after which Shahid Hamid submitted that at the site of Chuburji Chowk Lahore, a curve is given, adding if there is more curve then it would enter into the densely populated areas.
To which Justice Azmat Saeed Sheikh observed those nations who preserve their past, have future saying, monuments need to be preserved for protection of the heritage for future generations. Shahid Hamid informed that civil society groups filed petitions against the project seven months after initiation of the project. Justice Ijazul Ahsan observed that there are international standards and if there is damage to a building then the company has to compensate the damage; however, Shahid Hamid responded if the damage is caused to any building then the same would be reconstructed.
Justice Ejaz Afzal Khan observed neither Nespak counsel nor Punjab government's leading counsel Makhdoom Ali Khan and not even the judges of the apex court are experts in building assessments. To which Shahid Hamid submitted that his client Nespak, being an independent body, an expert from the University of Engineering and Technology Lahore and the TYPSA also gave findings in favour of the project.
Shahid Hamid further said that there are a total of 27 trains; five bogies will be attached with each train and 200 passengers would be able to travel in one bogy. Justice Azmat Saeed Sheikh said that there is no law that says that track of the train has to be constructed in middle of the road, adding that the same could be on the right or left side of the road. Justice Sheikh further observed if the provincial government would just stick to the issue then the project would be in danger. Shahid Hamid Khan said although alteration in the project is possible, yet doing so at the present stage will increase the cost of the project manifolds.
Justice Ejaz Afzal Khan said if there is no visual impairment of heritage buildings then there is no big issue, but it should not cause any damage to the monumental structures. Shahid Hamid said the project does not endanger monuments, adding that not a single building has been damaged. To which Justice Azmat Saeed Sheikh said while addressing the Nespak counsel, "Don't claim because the other side has a different version."
Responding to a query of Justice Maqbool Baqir about any chance of vibration varying when the train would ply the designed route, Shahid Hamid submitted there will be constant monitoring of the situation once the project is completed. Later, to hearing was adjourned till Tuesday (today). Makhdoom Ali Khan will commence arguments in the matter today.
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