200-foot radius of buildings in Orange Train project: petition seeking scrapping of stay dismissed

30 Mar, 2016

A petition seeking the scrapping of stay against the construction of a 200-feet radius of protected buildings in the Orange Train project has been dismissed. The court dismissing the application said on Tuesday that the federal government had hardly any role in the project and nor its case and adjourned until April 5 the hearing.
The court had issued a stay order on February 28 stopping the authorities from making any construction near the Supreme Court building, Chauburji, GPO, and Shalimar Garden, Budhu ka Awa, Dai Anga Tomb, Kapurthala House, Jain Mandir, Mahraja Building, Saint Andrew's Church Nabha Road, Lahore Cathedral and Naulakha Church.
Former attorney general Salman Butt representing the government said it was a necessary party to the project as it had helped the provision of funds for the project from a foreign country. He also said the construction work had been suspended following the stay order and questioned the court jurisdiction to intervene in the government's policy matters.
He said many Supreme Court judgements had refrained courts from intervening in policy affairs. He said, "The court can give a judicial review to a project if there are complaints of corruption or mala fide intention." The principal law officer argued that the metro train was a public welfare project and such projects were always given priority over heritage sites and the delay could up the project cost. The Punjab government's Counsel, Khwaja Haris, withdrew his power of attorney to defend the project.

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