LAHORE: The Lahore High Court has allowed the Punjab government to demolish two-kanal and 11-marla area of Lady Willingdon Hospital to facilitate construction of a signal-free junction at Azadi Chowk.

“Reconstruction/rehabilitation of the alternate provisions of the hospital shall be ensured by the respondents (government) within a stipulated period of 45 days and a report in this regard prepared by the project director duly verified by the hospital MS shall be submitted to the registrar of this court within seven weeks,” said a judgment announced by Justice Abdul Sattar Asghar on Monday.

With these directions, the judge disposed of three petitions against the proposed demolition of Lady Willingdon Hospital by the government.

PTI leader Dr Yasmin Rashid, Young Doctors Association and citizen Ghazala Khan had filed the petitions.

In his judgment, the judge observed that the available record established that the project was launched by the competent authority after having consultation with all the departments concerned and the agencies.

He said it was also on the record that the authorities had proposed and undertaken rehabilitation and substitution of existing facilities of the hospital to the satisfaction of hospital’s medical superintendent with a clear undertaking to complete reconstruction of the substitute facilities within 45 days.

The judge remarked that the record produced before the court clearly showed that the land of the hospital measuring 36 kanals, nine marlas and 41 square feet was owned by the Punjab government. Therefore, the stance taken by the petitioners that the land allocated by the state for public purpose could not be used or converted for a different purpose had been negated.

Justice Asghar further observed that examination of record transpired that the hospital was not a protected building in terms of Punjab Special Premises (Preservation) Ordinance 1985 or Antiquities (Amendment) Act 2012.

The judge said the record also revealed that appropriate measures were adopted to launch the project keeping in view the relevant factors. “It is a public interest project to provide safe, congestion-free and smooth traffic facility to commuters by reduction in time delays and conflicts arising due to signals,” he remarked and said Environmental Impact Assessment (EIA) study of the project meeting required standards was duly approved by the Environmental Protection Agency (EPA).

The judge ruled that the petitioners’ contention that the project was in violation of Doctrine of Public Trust and the concept of “sustainable development” was devoid of any force and untenable.

“Therefore, in my opinion the public trust has been properly safeguarded in this case and thus it does not call for issuance of any writ against the respondents,” the judge observed.

The judgment stated that no portion of the Doctors’ Mess shall be demolished as the same had been proposed to be saved in amended plan of location and design of bus stop. To decide the matter the judge also relied upon a Supreme Court’s judgment in case of “cutting of trees for canal widening project, Lahore”.