LAHORE: Supreme Court Bar Association President Syed Ali Zafar told the Lahore High Court on Tuesday that Orange Line Metro Train project could be stopped if the court found it contrary to law and fundamental rights of the citizens.

Advancing his arguments being amicus curiae (friend of court) during hearing of a number of petitions against the train project, Mr Zafar stated before the division bench that it was right of the government to construct and develop public infrastructure in a city to meet the people’s demands.

He said it was not for the court to stop the government from planning, expansion and development of infrastructure and it was an established fact that the courts did not interfere in policy matters.

However, he said, there were three clogs on the right of the government to undertake an urban planning project and in all three situations the court was obligated to stop such a scheme.

He explained that the court could stop any development project if found contrary to the Constitution/law, fundamental rights and if the urban development violated basic and desirable features of an existing urban fabric because the principle was that that a vibrant existing urban fabric was connected to the “right of life”.

The bar president stated that the court had to examine whether Orange Line Metro Train project violated any law or any fundamental right or was against the basic urban fabric of the city of Lahore.

He said the original plan of the project was designed as an underground and not overhead track. He said the overhead track was more feasible in countries like Dubai or in areas where its monstrosities would not affect basic structure of the city.

He quoted example of the UK where for more than 150 years the passenger trains were running underground. Similar projects had also been undertaken in Delhi, Rome, Paris, he added.

Mr Zafar pointed out that there were laws, which deal with the matter and if the impugned project contravened these laws then the court had the power to stop the government from undertaking the project.

He said the Antiquities Act, 1975 clearly specified that all monuments, objects and sites of historical interest were protected from any damage, which also imposed a duty on the government to preserve and protect them.

He said the Act also did not allow any construction or development within an area of 200 feet where a protected monument or antiquity was located.

He maintained that if Orange Line Metro Train would harm any antiquity, there was no question of giving any permission for the construction.

The bench headed by Justice Abid Aziz Sheikh adjourned hearing till Wednesday (today) for further arguments.

Published in Dawn, January 27th, 2016