SC puts derailed train project back on tracks

Vacating stay order against $1.6 billion Orange Line Metro Train (OLMT) project on Friday, the Supreme Court asked Punjab government to observe a number of conditions while completing the 27-kilometer project in Lahore. A five-member larger bench led by Justice Ejaz Afzal Khan passed the order while announcing much-awaited verdict in response to the pleas of government departments including National Engineering Services Pakistan (Nespak), Punjab Mass Transit Authority, Lahore Development Authority and Civil Society Network against August 19, 2016 Lahore High Court verdict that suspended construction work on OLMT project within 200 feet of 11 heritage sites in the provincial capital.
Soon after the apex court''s larger bench announced its verdict with majority of four and dissenting note of one member of the bench Justice Maqbool Baqar, Punjab Chief Minister Shahbaz Sharif tweeted, ""Alhumdulillah... Orange Line finally gets go-ahead by the Supreme Court... Today people won over the vested interests... All efforts & energies will be employed to complete this mega public welfare project as early as possible InshaAllah! Aap sab ko Mubarak."
During the course of proceedings of the matter, appearing on behalf of civil society, Muhammad Azhar Siddique alleged that Punjab government is habitual of executing mega projects without following due process of law. Siddique also claimed that the provincial government''s decision-makers are of the view that nobody can stop them or make them accountable about the transparency of the projects.
While issuing directives to the provincial government to set up an Antiquity and Special Premises Fund of Rs 100 million within a month for monitoring, renovation and reconstruction work of 11 protected and special premises, the apex court said in its verdict, "For all future projects, NOCs, licences, approvals and permissions as required by law shall be obtained before work on the project site is commenced."
The verdict said that revolving fund of the amount shall be replenished on yearly basis which shall be utilized firstly for the maintenance, preservation, restoration and renovation work of the protected and special premises in Lahore.
The Supreme Court said in its verdict that Chief Justice of Pakistan shall nominate a retired judge of the court to chair a special committee in order to oversee implementation of the apex court judgement in letter and spirit.
A broad-based special committee of experts shall comprise director general archeology department, a professor of the department of archeology, University of the Punjab, head of department of structural engineering, University of Engineering and Technology, Lahore, and a senior professor nominated by the chairman board of directors of National College of Arts, Lahore.
"This committee shall also make such further recommendations to the chief minister Punjab to undertake such measures as may be necessary to implement and enforce the directions and recommendations made in this judgment. The tenure of the committee shall be one year from the date of its notification", stated the verdict.
The Supreme Court also directed the provincial government to retain services of at least three experts having expertise in the field of archeology and renovation, preservation and maintenance of antiquities and special premises who shall advise and assist the Special Committee of Experts.
While endorsing and approving NOCs/permission letters issued by the competent authorities and the recommendations of experts relating to execution, mitigation and remedial measures required to be adopted by the executing agency, the apex court allowed the project to proceed subject to a total of 30 conditions and directions.
Such conditions and directions include that the provincial government shall make all necessary arrangements to ensure the monuments remain stable and undamaged in all respects during the execution of the project as specified in the Heritage Impact Assessment (HIA) and Study of Control of Vibration, Noise and Foundation, besides technical experts shall be present at the site during the construction phase in the vicinity of the antiquities and special premises with all necessary equipment for monitoring vibration levels.
The Punjab government will appoint an independent and experienced conservation engineer to monitor the project, both during the construction and operation phases whereas on completion of the project, the train shall be operated on experimental basis for at least 2 weeks on the entire length of the route and the vibration levels shall be monitored to ensure that the same are within the acceptable limits. Speed of the train shall be reduced while passing near the monuments as recommended by the Directorate General of Archaeology from time to time on the basis of data made available to it whereas state-of-the-art vibration measuring equipments shall permanently be installed at suitable places in and around the antiquities and special premises to monitor levels of vibration created by operation of the train.
A dedicated hotline has also been asked to set up with directives that telephone numbers shall be prominently displayed in public areas around all antiquities and special premises for reporting damage or deterioration observed by members of the public or tourists.
"All future projects which directly, indirectly and incidentally involve antiquities or heritage sites shall in the first instance be widely publicized through print and electronic media at least 6 months prior to proposed date of commencement of the project and public hearings shall be conducted to hear objections, if any, against such project," the court said in its order.