LAHORE: The Lahore High Court on Friday stayed project of “7-km long signal-free corridor from Qartaba Chowk Jail Road to Liberty Chowk Main Boulevard, Gulberg” and directed the Lahore Development Authority (LDA) to immediately remove all machinery/cranes from the construction site.

Justice Syed Mansoor Ali Shah passed this order on a public interest petition filed by Advocate Fahad Malik. In this case, the judge earlier restrained the LDA, the executing authority, from felling trees for the construction of the project.

Petitioner’s counsel Saad Amir argued that the government started the project without getting a mandatory Environment Impact Assessment (EIA) survey approved by the Environment Protection Department (EPD). He said the government was spending public money on development projects instead of health and education, the most ignored sectors.

Justice Shah observed that the government should wind up the EPD if it did not want to seek NOC from the department before launching a development project.

Directed to remove machinery from the site

During the course of hearing, the counsel for environment department told the court that an EIA had been filed by the LDA and a public hearing in this regard was set for March 16. Advocate Salman Mansoor, counsel for LDA, also conceded that no EIA approval had been obtained by the authority.

Justice Shah questioned the launch of the development project without an EIA. He further observed that Secretary Environment Protection Department failed to take any action against the LDA or the project director for violating Section 12 of the Act.

The judge directed the secretary to explain his position in writing as to why the Environment Protection Order was not issued to the LDA in this regard. The judge also asked the LDA director general to hold a detailed inquiry as to why the project was commenced and equipment deployed on the site and construction work started without an EIA approval.

The project director would also submit his position in writing in this regard, the judge said.

Senior Law Officer P&D Mahmood Ghani submitted that it was not a project of the Punjab government and no fund had been allocated by the government. The LDA counsel stated that it was a project solely funded by the agency from its own resources.

The law officer said bona fides of petitioner needed to be verified and he be asked to file his income tax return. At this, the judge asked the petitioner to submit his latest income tax return before next hearing.

On behalf of the provincial government, an assistant advocate general asked the court not to stay maintenance work of the existing roads. However, the judge turned down the request.

Staying the project work, Justice Shah ordered, “all equipment, machinery/cranes on the site shall be immediately removed in the larger interest of public convenience.”

The judge further directed the EPD that it would ensure that no work shall be carried out on the project till next hearing and in case there was any violation, CCPO, Lahore was directed to render full assistance to the department for implementation of the order.

However, in order to facilitate the traffic flow, if any necessary steps needed to be taken, the LDA was allowed to do so but must conclude the same latest by Saturday evening, Justice Shah said and added that the decision regarding the EIA by the EPD after the conclusion of public hearing as well as other formalities, shall be placed on the record before the next hearing.

The judge also appointed Advocate Waqas Ahmad Mir amicus curiae (friend of court) to assist the court on the matter and adjourned hearing till March 20.

Firm stops work: A private firm hired by the Traffic Engineering and Transport Planning Agency to construct signal-free corridor amid three underpasses on Jail Road from Gulberg to Qurtaba Chowk section has stopped work due to a court order.

The firm covered the construction site (near Siddique Trade Centre) with tents. It, according to officials, also removed the entire labour from the site.

“Since we cannot execute this project keeping in view the court orders, we may restart it after the next court hearing on March 20 in case the decision of the court comes into our favour,” a Tepa official told this reporter.

Published in Dawn, March 7th, 2015

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