The verdict reserved on April 17, 2017, was announced by Justice Ejaz Afzal Khan while heading a five-member Supreme Court bench comprising Justices Sh Azmat Saeed, Justice Maqbool Baqar, Justice Ijazul Ahsan and Justice Mazhar Alam Miankhel.
It was a split verdict of four against one, with a dissenting note by Justice Maqbool Baqar.
The court endorsed and approved the no objection certificates and 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 allowed the project to be proceeded subject to various conditions and directions.
It has been ruled that the Punjab government will 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 to 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.
It asked the Punjab government to form two technical committees within 30 days to oversee the technical aspects of the project.
The court held that a broad-based special committee will comprise director general archaeology, a senior professor of archaeology of the Punjab University, 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, chaired by a retired Supreme Court judge nominated by the chief justice of Pakistan will be notified which will oversee implementation of the apex court’s judgment.
This committee will also make such further recommendations to the Punjab chief minister to undertake such measures as may be necessary to implement and enforce the directions and recommendations made in the apex court’s judgment. The tenure of the committee will be one year from the date of its notification.
The court directed that the committee be granted Rs100 million funds for the repair and renovation of the heritage sites.
The other committee will assess losses incurred after suspension of construction work due to the LHC verdict.
The verdict imposes 31 conditions on the authorities involved in the project to continue the work on the project.
The court directed the authorities concerned to ensure that the monuments remain stable and undamaged during the execution of the project.
It asked the authorities concerned to monitor the vibration levels by using the crack measure devices such as Avongard Standard Tell-Tale throughout the construction period and for an additional period of 10 weeks from the date of commencement of commercial operation of the train.
The court directed that if the vibration level exceeds the safe limit at any point, the construction work or operation of the project be discontinued and repair measures be taken. It held that the technical experts must be present at the sites during the construction phase in the vicinity of the heritage sites with all necessary equipment for monitoring the vibration levels.
The court directed that an independent and experienced conservation engineer be appointed to monitor the project during the construction and operation phases, who will be required to submit monthly reports to an advisory committee, which is already set up, that will pass on its recommendations to the director general of the archaeology department.
It said that when construction of the project gets complete, the train will operate on an experimental basis for at least two weeks on the entire route, during which vibration levels will be monitored and the train will be required to slow down while passing near the heritage sites.
The court directed that state-of- the- art vibration measuring equipment be installed permanently in different places in and around the monuments to monitor the vibration levels.
It said special teams comprising experts will be set up to inspect heritage sites from time to time to detect any damage or deterioration and proper records and logbooks must be maintained for the purpose.
The verdict said that any damages suffered by the heritage site will be reported to the director-general archaeology in writing so that he can ensure that necessary remedial steps are taken to ensure the safety of the buildings.
It said that recommendations of an advisory committee, that has already been set up, will be passed on to the director general archaeology, whereas excavation, where necessary, will be carried out in a manner that does not damage the heritage sites.
The court ruled that the executing agency will be required to install accelerometers, velocity transducers, noise detectors and vibration measuring equipment in and around the monuments, so that the excavation do not affect any of the exposed or buried structure of the heritage sites.
It held that if any of the monuments are damaged by the construction or operation of the project, work must be stopped immediately and remedial steps to repair the sites must be taken.
The court directed that a dedicated hotline with telephone numbers prominently displayed in public areas around all antiquities and special premises for reporting damage or deterioration must be set up so that the public and tourists can inform authorities of any damage spotted by them.
It said the archaeology director general will investigate within seven days if any information of damage suffered by the sites is received from the public and the repair and renovation work must commence within 30 days of receiving recommendations from experts, if any.
The court held that no construction material or equipment will be stored or stockpiled within the protected area of the monuments.
It held that any change in the track that brings it closer to the heritage sites will not be made and measures must be taken to reduce dust pollution from the project and minimise any damage that might be caused to the heritage sites.
The design and colour of the viaduct and nearby stations shall be in harmony with the setting and appearance of the monuments, the court ruled.
Besides, the hydraulic tank of Shalamar Gardens will be restored to its original position and the surrounding area will be converted into a green area.
The verdict asked that the southern side of the Shalamar Gardens must be camouflaged by building a wall in accordance with the recommendations of the archaeology chief.
It said the decorative motifs of the Shalamar Gardens must be replicated at the train station in order to create harmony between the train station and the monument.
It said the tile mosaic motifs of the Gulabi Bagh Gateway must be replicated on the station built near the monument in order to create harmony with the historic gateway and the area around the Chauburji Gateway must be properly attended and developed into a greenbelt.
It said the decorative motifs of the Chauburji Gateway must be replicated on the station built near the monument in order to create harmony with the site. It has been directed that the area around the Zaib-un-Nisa Tomb must be properly attended and developed into a greenbelt and the decorative motifs of the Zaib-un-Nisa Tomb must be replicated on the station built near the monument in order to create harmony with the site.
It said a phase-wise plan be prepared to control and monitor urban encroachments and the process of creating a buffer zone around the Shalamar Gardens in consultation with the UNESCO and other international agencies be initiated.
The court directed that all future projects which directly, indirectly and incidentally involve heritage sites will in the first instance be widely publicised through print and electronic media at least six months prior to the commencement of the project and public hearings will be conducted to hear objections, if any, against the projects.
It said for all future projects, no-objection certificates, licences, approvals and permissions as required by law will be obtained before work on the project site is commenced. The verdict emphasized that the present condition of the protected and special premises calls for major preservation, renovation, reconstruction and repair work. It asked the Punjab government to take immediate steps to start repair and renovation work for which the requisite funds will be made available within 30 days from the date of this judgment.
Identical petitions against the LHC’s August 19, 2016, decision of suspending the construction work on the Orange Line Train project within 200 feet of 11 heritage sites were filed by the Punjab government, National Engineering Services Pakistan (NESPAK), Punjab Mass Transit Authority, Lahore Development Authority and the Civil Society Network.
Published in Daily Times, December 9th 2017.
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