Case Details

Citation(s)
2016 SLG 1982 2016 SLD 1982 2016 LHC 2454
Lahore High Court
Writ Petition No. 39291/2015, 19.8.2016
ABID AZIZ SHEIKH AND SHAHID KARIM, JJ

Kamil Khan Mumtaz Etc.Government Of Punjab Etc.

Law:

Section:

Keywords: Result: Petition partly allowed ABID AZIZ SHEIKH, J. The petitioners have filed this constitutional petition challenging the legality of major transport project commonly known as "Lahore Orange Line Metro Train Project" (hereinafter referred to as project). Relevant facts are that in order to cater for traffic congestion and future transport demand in city of Lahore, a Metro Train Project was proposed by Government of Punjab. To execute said project, the Punjab Mass Transit Authority ("PMA") was established under Punjab Mass Transit Authority Act, 2015 ("Act of 2015"). PMA entered into contract dated 20.05.2015 with Chinese Contractor M/s CR-NORINCO (hereinafter referred to CR-Norinco). A supplementary agreement dated 25.08.2015 between PMA and CR-Norinco was executed to assign civil work part of the project to Lahore Development Authority ("LDA") being nominee of PMA. In the prayer of this constitutional petition, the petitioners are seeking multiple reliefs. However, during arguments, learned counsel for the petitioners agreed that as legality of project being allegedly violative of Punjab Public Procurement Act, 2009 (PPRA), is also subject matter of separate writ petition No.5793/2016 (which is not yet ripe up for final arguments), therefore, in this constitutional petition, the petitioners will confine their submissions and relief to the extent of "Heritage" i.e. construction within the prohibitory zone of immovable protected antiquity/special premises and secondly "Environment" i.e. legality of Environmental approvals for project granted by Environmental Provincial Agency ("Provincial Agency"). Petitioners arguments on "Heritage" 2. Mr. Mohammad Azhar Siddique and Khawaja Ahmed Tariq Rahim, advocates on behalf of petitioners argued that the project will severely damage and harm various properties including 26 heritage sites of Lahore City (detail of which are given in para No.23 of writ petition). Learned counsel submits that the said properties being immoveable antiquities under section 2(g) of the Antiquity Act, 1975 (Act of 1975) and special premises under section 2(a) of the Punjab Special Premises (Preservation) Ordinance, 1985 (Ordinance…
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