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LAHORE: A division bench of the Lahore High Court (LHC) on Friday ordered the suspension of construction on the multi-billion dollar Orange Line Metro Train within 200 feet of 11 heritage sites.
The bench comprising Justice Abid Aziz Sheikh and Justice Shahid Karim in today's hearing of a petition filed by civil society activist Kamil Khan Mumtaz set aside earlier No-Objection Certificates (NOC) for the project and all addendum NOCs.
"Consequently, respondents shall not carry out any construction within distance of 200 feet of protected immovable antiquity and special premises," Justice Sheikh said in his comments today.
In an earlier hearing, the bench had stayed construction work on the project within a 200-foot radius of the 11 heritage sites which include Shalamar Gardens, Gulabi Bagh Gateway, Buddhu ka Awa, Chauburji, Zebunnisa’s Tomb, Lakshmi Building, General Post Office, Aiwan-i-Auqaf, Supreme Court’s Lahore registry building, St. Andrews Presbyterian Church at Nabha Road and Baba Mauj Darya Bukhari’s Shrine.
Despite the stay order, a two-member commission constituted by the LHC found violations at five of the 11 heritage sites in June where construction on the Orange Line Metro Train had been stopped.
The heritage sites are protected under the Punjab Special Premises (Preservation) Ordinance, 1985 and Antiquity Act, 1975.
The petitioners claim the government, in order to make the project successful, had been acquiring land from citizens by 'hook or by crook', adding that it had for the sake of "cheap publicity" started a "white elephant" project at the cost of the lives and properties of vulnerable and marginalised people in Lahore.
The petitioners said that the Rs365bn project has not been approved by the Punjab Assembly, and that it threatens the heritage of Lahore as 26 historical and protected monuments will be affected by the project.
The bench today ordered the director general archaeology to "engage independent consultants consisting of a panel of experts of international status, preferably in consultation with Unesco to carry out fresh independent studies regarding protected immovable antiquities and special premises".
The Unesco’s World Heritage Committee had earlier urged the Punjab government to immediately suspend any further work on the Orange Line Metro Train along Shalamar Gardens and identify an alternative location for this section of the project.
The WHC is concerned about the possible environmental impacts on the Shalamar Gardens due to the track being laid out for the train.
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Comments (63) Closed
Aug 19, 2016 01:37pm
Development NOT at the cost of heritage!!
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Aug 19, 2016 01:56pm
Good Decision by the court
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Aug 19, 2016 01:59pm
hurdles to economic progress of our country are not all external; there are internal too.
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Aug 19, 2016 02:02pm
a retrograde step.Past is harming the future.
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Aug 19, 2016 02:08pm
The society activists file the cases to stop constructions and later get bribe from the other party and drop the cases. Mark my word, just in few days, this case will be dropped
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Aug 19, 2016 02:12pm
What about those who encroach and vandalize these places. The decision will not have any impact on the sanctity of such places. What about the investment done already.
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Aug 19, 2016 02:25pm
200 feet is far less.
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Aug 19, 2016 02:25pm
It is a typical method of getting a 'irregular' project regularised by taking it to a point where the project itself gets to a stage where it can not be plugged out. The only option left is to then complete it. Such violations must have been highlighted at the initial design and planning stages but the officials granted the required approvals, NOCs, etc to the concerned quarters. Also, all this is not possible without the knowledge of CM Punjab.
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Aug 19, 2016 02:36pm
Here many people now will comment to save the heritage sites they do not know where they are in which shape they are and they will never visit them in their whole life. Heritage sites must be protected but past must not be allowed to haunt the future. It was impossible to stand visit Iqbal Park due to smell and mess of traffic but now it will become one of amazing park of Pakistan.
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Aug 19, 2016 02:36pm
Great decision by the court but as usual it has come too late, already a significant amount of tax payers money is spent on the project and cost of project will continue to rise for the days the work remains suspended and a resolution is reached. Furthermore the disastrous conditions of roads in vicinity of the project will not change and people will continue to suffer.
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Aug 19, 2016 02:36pm
What will u do heritage???? Economic prosperity should be on the top. Even if u have to demolish the fort or any such stupid thing.
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Aug 19, 2016 02:37pm
@wellwisher, past never harms future if we learn from it.
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Aug 19, 2016 02:39pm
@Laeeq Ahmed Lol and what about the sites which are now part of pvt properties? If you have time then just pay a small visit to Gulaabi Bagh in Baghumpura locality of Lahore and then tell how to enforce this 200 ft criterion. Budhu ka awa just opposite to UET looks dreadful even in day
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Aug 19, 2016 02:42pm
@Atif
No one is against any development but what is happening is looting and plundering all in the name of economic prosperity.
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Aug 19, 2016 02:45pm
No one will stop if the land of these heritage sites is encroached by mafias and used by addicts. But if it is to be used by public then all the laws come into effect. Mentioned sites like Gulabi Bagh, Budhu Ka Awa, Choburgey, Zaib-un-Nasa Tomb, Moaj Derya are all in control of addicts and some mafias you can not visit them and none of them will be erased.
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Aug 19, 2016 02:49pm
@Pakistani Sir decision is not saying that stop the work as you are looting and plundering the public money it is asking to stop work and progress and protect the past which many of us even do not know if it exists. Decisions comes at the time when almost 70% civil work has already completed around most of mentioned sites and that will do nothing but to add to the cost of project and will aggravate the loot of public money
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Aug 19, 2016 02:50pm
Hope all concerned will comply with court orders in full and not try to defy it in any way.
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Aug 19, 2016 02:50pm
Let this train be built.
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Aug 19, 2016 02:52pm
@Pakistani Loosting is thr but atleast something of value is visible unlike before whr nothing have been built and seen.
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Aug 19, 2016 02:55pm
@Baaligh Sir what to comply? Have you seen the status of work near all sites? Except Shalimar Bagh, and portion of Mall road more than 70% work is complete pillar structure of bridge is constructed. If it was justice then it is delayed already. Now only good you can do with these sites is to let it complete so that the area starts looking clean and tidy
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Aug 19, 2016 02:57pm
@Nomi Goraya Wow! my question is what will u do with past if u cant secure ur future. Demolish anything that comes in the way of economic prosperity, no matter at what cost. This emotional quotient have done extreme damage to our national interest already.
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Aug 19, 2016 03:04pm
@Atif Sir with all due respect have I mentioned the word demolished anywhere? Also please enlighten me which of mentioned heritage site will be demolished? To have respectable and decent mean of mass transportation is integral part of any city size of Lahore.
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Aug 19, 2016 03:16pm
@Nomi Goraya
My point is that it is impossible to believe that the objections that are being raised by the court today did not arise at the time amongst the project managers when this whole project was being planned. Any violation at any stage of rules and regulations etc adds to the cost of the project which means more public money will be used which reflects how much value and responsibility the decision makers give when using public funds.
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Aug 19, 2016 03:26pm
@Laeeq Ahmed
Yes it should be 500
This decision is by motorcad riders on behalf of motor riders for poor who may travel by orange train.
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Aug 19, 2016 03:27pm
Can court pass another order to get back all area occupied by the encroachers. If it passed order to stop work and let all money spent so far in drain then why not dome punishment for the encroachers. Can those people who put case in court can tell how many times they visited these places and tried to help to preserve if they have time from their foreign recreation trips. They filed the case only for political interest not to preserve these places. There should be a severe punishment for the encroachers and those who tried to damage these places when visit. All such places encroached should be recovered.
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Aug 19, 2016 03:44pm
Lakshmi building can be demolished.. All the best
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Aug 19, 2016 03:52pm
@Nomi Goraya Who do you hold responsible for neglect and upkeep? Public, local government, both or the heritage?
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Aug 19, 2016 04:47pm
Welfare, benefit to 100s of thousands of poor people, affordable and comfortable travel and reduction of subsequent pollution are way more important than antiquated few buildings. Some people want to live in the future-centuries back. What is more important buildings or the welfare of the people?
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Aug 19, 2016 04:47pm
Chaburgi used to have 2.5 Burg when MNS as CM got it repaired. Brought it in the middle and got a "Ganda Nala" just next to it covered. There is more pollution from the Buses, vans & cars especially running on Diesel than metro train. Unfortunately, we as a nation are very negative: love status quo and are anti development.
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Aug 19, 2016 05:04pm
@Hitesh there is no decision
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Aug 19, 2016 05:03pm
@wellwisher many meanings.
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Aug 19, 2016 05:05pm
@Sixer from Chakwal don't know them.
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Aug 19, 2016 05:07pm
@Walayat Malik sorry, no DT makes sense. can mean anyting at all.
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Aug 19, 2016 06:02pm
Any such project within 200 feet of Jatiumra? 200 feet means 66 yards.
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Aug 19, 2016 06:15pm
I think it will be disastrous to stop the ongoing work, bad decision.
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Aug 19, 2016 06:32pm
Another hurdle in development.
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Aug 19, 2016 06:35pm
Why not destroy all controversial locations so that we can see some development for our future generations. We cannot keep living in the Mughal era.
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Aug 19, 2016 06:43pm
@Pathetic So what. In Europe you have thousands of protected building which are more 200 years old. Unfortunately in Pakistan these have been or are being destroyed by the greed of people
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Aug 19, 2016 07:56pm
@nac Paris Sir as in Europe those buildings are one of major source of their earning due to world wide Tourism. Places which are not in lime light are even i more drastic conditions and to maintain them is big issue even for Europe where people pay taxes
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Aug 19, 2016 08:11pm
No one cares how much tax payer money I'd already spent so that a common citizen can have this facility but to get wah waH from a very small community and let people travel for many hours. Only a poor person will suffer.
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Aug 19, 2016 08:36pm
Only if these history lover made same effort to stop the tsunami of population than we can save billion and historical building. Now too late these million of people need transportation to survive.
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Aug 19, 2016 08:46pm
Great decision - We need good public transport system but not at the expense of heritage. We request government to change the route so as to avoid any damage to these buildings
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Aug 19, 2016 09:02pm
@Nomi Goraya this is what am actually saying. This project must be completed now, no matter at what cost.
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Aug 19, 2016 09:39pm
China destroyed many villages and people house and many buildings so that they can do their project easily at the cost of those people suffering.
The point that China made that it is doing good for all so some people will have to pay.
It's very easy to say that you are doing good for society and let them when you are not the one who is paying the collateral damage of others.
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Aug 19, 2016 09:41pm
New York and Chicago established this type of electrified commuter line beginning in 1895. They had similar public domain problems so the trains were made to travel above and below street level.
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Aug 19, 2016 10:36pm
There are hundreds of heritage sights all over the Country. These are not in the best upkeep and some have crumpled. How come any development work particularly Lahore is an eye sore for the affluent. From day one, there has been criticism. No one seems to take notice of train service, traffic mess on the roads. professional beggars on the road etc.
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Aug 19, 2016 11:13pm
Hundreds of 50 ton trucks, big buses and speedy vans pass close to 30 feet of Chuburji and no one objected and now suddenly they are asking to stop Metro Train which will replace these polluted buses and vans.
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Aug 19, 2016 11:57pm
@Nomi Goraya After reading all what you have to say, I think you are naive and don't know what heritage means. In central part of Paris most of the buildings are over 100 years old and people are living in them. They are not source of income but beauty of the city, They are maintained. well looked after and not ruined by big fish for sake of making money.
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Aug 20, 2016 12:03am
@Shahid I have never seen 50 tons truck or speeding vans as you hardly drive more than 20km an hour. Trains will be passing there at a speed creating lot of vibration which will ultimately destroy the monument. Train route was changed to save building of CM/PM's friend
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Aug 20, 2016 01:18am
Lets divert this important developmental project but we must protect our heritage simultaneously which is just if not more important. Hopefully we can resolve this impass and not delay the project too long.
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Aug 20, 2016 01:38am
We should learn something from our neighbour India. how they preserve and promote tourism because of these historical landmarks.
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Aug 20, 2016 02:20am
@Khwarizmi which heritage?
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Aug 20, 2016 02:21am
I hope people have not forgotten the 'historic' Steel Mills verdict yet..
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Aug 20, 2016 03:53am
@Pakistani
CM punjab is the one who is pushing this project through.
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Aug 20, 2016 06:17am
@Taimur do you know where these heritages are and how many times you visit them in a yeat
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Aug 20, 2016 06:18am
@Muzaffar they do not care because this is not from their own pocket but public money.
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Aug 20, 2016 08:36am
How Mr.Shahbaz Sharif does not know the importance of heritage? this is nothing but money making business , this cannot be stopped every one responsible will have their share in this business of corruption, no one xan stop the corruption in Pakistan those who shout they also get their share
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Aug 20, 2016 11:02am
How many metro trains are there in Pakistan? Zero. That is really pathetic.
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Aug 20, 2016 05:49pm
Well Done Kamil sb and other members.
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Aug 20, 2016 10:16pm
Please make more hospitals and equip the old ones with modern apparatus.Our hospitals and doctors are overburdened and have limited resources to serve properly this result in agony of patients and then patients complain about the rude conduct of a doctor.
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Aug 21, 2016 12:12am
@SEEK YOUR OWN TRUTH. where you see china destroy the villige? they just export their cheep work force and mature tech. the project is a kind of investment, which should be the official agreement with the feasibility analysis. they just do what they should do. that's is
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Aug 21, 2016 01:22am
A great decision by the court.Our architectural heritage is irreplaceable.
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Aug 21, 2016 06:50pm
We have our own metro train line and yes, it is a white elephant. The amount spent on it simply does not justify its use. If the money spent and inconvenience during construction is taken into consideration, the result will be not profitable.
You can try to spend the same money for rapid bus transport routes or, if you wish to have something similar, a tram line. But then, how will the corrupt ones will make from these low-cost and better alternatives.
-Well wisher from Mumbai.
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