ISLAMABAD: The Supreme Court on Friday gave the multi-billion Orange Line Metro Train (OLMT) project the green light when the bench, with a majority of four to one, set aside the Lahore High Court’s (LHC) Aug 19, 2016 stay order.

However, there are conditions.

For example, the Supreme Court has ruled that the train’s speed will have to be reduced when passing near Lahore’s heritage sites — as has been recommended time and again by the directorate general of archaeology.

The verdict was announced by a five-judge bench comprising Justices Ejaz Afzal Khan, Sheikh Azmat Saeed, Ijaz-ul-Ahsan, Mazhar Alam Khan Miankhel and Maqbool Baqar.

The dissenting vote came from Justice Baqar, who ordered the Punjab archaeology directorate general to conduct a new heritage impact assessment, preferably with the assistance of Unesco, and, if needed, an organisation which had the requisite expertise, experience and credibility, like the English Heritage — a registered charity working on heritage conservation.

During the proceedings, the apex court was told that under the Antiquities Act, 1975, as well as the Punjab Special Premises (Preservation) Ordinance 1985, the special premises likely to be affected in view of their respective distances from the project were: Shalamar Garden, Gulabi Bagh Gateway, Buddu’s Tomb, Chauburji, Zaibunnisa’s Tomb, Lakshmi Building, General Post Office (GPO), Aiwan-i-Auqaf (Shah Chiragh) Building, Supreme Court, Lahore registry building, Saint Andrew’s Church and Mauj Darya Shrine.

LHC stay order on Orange Line Metro overturned

While endorsing the NOCs and permission letters issued by the competent authorities, the verdict authored by Justice Ijaz-ul-Ahsan, bound the Punjab government and the National Engineering Services Pakistan (Nespak), the Punjab Mass Transit Authority and the Lahore Development Authority (LDA), to make the necessary arrangements to ensure that no monument would be damaged during project execution.

The court recommended constant monitoring of vibration levels by using 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 the train’s commercial operations. If the vibration levels were found to exceed safe limits at any stage of the construction, the train’s operations will immediately be discontinued for remedial measures to bring vibrations down to acceptable limits.

During the construction phase, adjustment of train speed, addition of buffers and such other remedial and mitigating measures will be taken. Moreover technical experts will be present at the sites during the construction phase in the vicinity of the antiquities and special premises with all the necessary equipment required to monitor vibration levels.

An independent and experienced conservation engineer will be appointed to monitor the project during construction and operation phases. The engineer will be expected to submit monthly reports to an advisory committee that will advise the archaeology DG on how to ensure that the project met all technical requirements to preserve, protect and conserve antiquities or protected premises.

Upon completion of the project, the train will be operated on an experimental basis for at least two weeks along the entire length of the 27km route and the vibration levels will be monitored to ensure that they are within acceptable limits. Commercial operations will not commence unless written clearance is obtained from experts confirming that the vibration levels had been consistently found to be within acceptable limits, the order said.

Similarly, state-of-the-art vibration measuring equipment will permanently be installed at suitable places in and around the antiquities and special premises. Special teams comprising qualified experts will frequently inspect all antiquities and special premises and look for any damage or deterioration at the sites.

Where excavation was necessary, it would be carried out in a way that it would not affect any structure or foundation of the antiquities or special premises. Necessary special arrangements will be made to stabilise and strengthen the structure of the antiquities and special premises, the judgement said.

The verdict added that the executing agency will install accelerometers, velocity transducers, noise detectors and vibration measuring equipment near the antiquities and special premises, whereas the provincial government will ensure implementation of additional mitigation and remedial measures in the vibration analysis report by NESPAK, Heritage Impact Assessment (HIA) as well as in the reports submitted by Dr Uppal and Dr Rogers – experts earlier appointed by the SC.

Excavation will be carried out in a way that none of the exposed or buried structures of the special premises would be affected.

In case of any adverse impact to the antiquities or special premises during excavation, construction or execution, the provincial government and all related agencies will immediately stop and discontinue further work, take all possible actions to protect and conserve the antiquities and special premises, the court said.

A dedicated hotline will be set up, and its telephone numbers will be prominently displayed in public areas around all antiquities and special premises for people to report any damage or deterioration observed.If the archaeology DG received a report in this regard, it would be investigated within seven days, and the recommendations received from experts will be implemented and renovation work will begin within 30 days.

No building material or equipment will be stored or stockpiled within the protected area around monuments, the Supreme Court said. Any changes to the track’s alignment, which brought it closer to the monuments than the distances set out, could not be implemented.

The SC ordered that steps must be taken to prevent dust pollution during construction, for example, water must be sprinkled regularly, and covering monuments with protective sheets.

The design of the viaduct and neighbouring stations in terms of colour and design should be in harmony with the setting and appearance of the monuments, said the order.

Referring to the Hydraulic Tank at Shalamar Garden, the court ordered that it must be restored as much as possible, to its original position, while the surrounding area will be converted into a green space. Structures on the southern side of the Shalamar Garden will be camouflaged through the construction of a wall, in consultation with the archaeology DG, and all practicable efforts will be made to create a buffer zone around Shalamar Garden. The decorative motifs of the garden, as well all other archaeological sites, will be replicated onto the train station. In consultation with UNESCO and other international agencies, a phase-wise plan will be developed to control and monitor urban encroachments and create a buffer zone around the Shalamar Garden.

All future projects which directly, indirectly and incidentally involved the antiquities or heritage sites will, in the first instance, be widely publicised through print and electronic media at least six months prior to the proposed date of commencement of the project. Public hearings will be conducted to hear people’s objections, while the requisite NOCs, licences, approvals and permissions will have to be obtained before work began, the order said.

In addition, the Supreme Court also ordered the Punjab government to set up within 30 days an Antiquities and Special Premises Fund worth Rs100 million to monitor, renovate and reconstruct 11 protected and special premises.

A broad-based special committee comprising experts from the archaeology department; a professor of the archaeology department at the Punjab University; the head of department of Structural Engineering at the University of Engineering and Technology, Lahore; a senior professor nominated by the chairman of board of directors of the National College of Arts; and a retired judge of the apex court, nominated by the chief justice, will oversee implementation of the judgment.

The committee will make further recommendations to the Punjab chief minister to implement and enforce the directions and recommendations in the judgment. The tenure of the committee will be one year from the date of its notification.

The Punjab government will retain the services of at least three experts with expertise in the field of archaeology and renovation, preservation and maintenance of antiquities and special premises.

The court stressed that the condition of the protected and special premises called for major preservation, renovation, reconstruction and repair work.

Separately, a spokesperson of the Sharif family denied categorically that it owned or held any shares, or had anything to do with the Ittefaq Sugar Mills Limited.

Published in Dawn, December 9th, 2017