SC announces reserved judgment in SMC 25 of 2009

ISLAMABAD : Supreme Court of Pakistan announced the reserved judgment in Suo Motu Case No. 25 of 2009 regarding cuttin

Published September 15, 2011 Updated September 15, 2011 09:03am

4 min

By Parvez Jabri

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The case was heard by a two member Bench headed by Justice Tassaduq Hussain Jillani and comprising Justice Mian Saqib Nisar.

The petitioner Lahore Bachao Tehrik (ËLBTÎ) had challenged the project of Government of Punjab for widening of the 14 Km long Canal Bank Road (Canal Road) Section falling between Dharampura Underpass and Thokar Niaz Baig in Lahore (Canal Road Project) which, according to it, would not only destroy the green belt/park on both sides of the Bombawali-Ravi-Bedian (BRB) Canal, but also fail to solve the problem of traffic congestion at Canal Road for which the Canal Road Project has purportedly been designed.

It was contended by the petitioner that the issues of traffic congestion can be resolved by complying with Urban Town Planning and sustainable urban transport, which include alternatives bases on public transportation instead of private transportation.

The petitioner had also prayed that the Canal Park/Green belt along the Canal Road be notified as a heritage site.

Initially the petition was a letter from LBT addressed to the Chief Justice of Pakistan in which LBT claimed that the Canal Road Project was a violation of fundamental right of life guaranteed under the Constitution.

The Chief Justice converted it into a petition and issued a suo moto notice under Article 184(3) of the Constitution to the respondent-authorities. In compliance with the suo moto notice, the Government of Punjab filed its comments/written statement. After numerous court hearings, the judgment was reserved, which has been announced by Justice Tassaduq Hussain Jillani, the author judge, wherein it has been held and directed as follows:-

(i) The Bambawali-Ravi-Bedian (BRB) Canal and the green belt on both sides of the Canal Road (from Jallo Park till Thokar Niaz Beg) is a Public Trust. It shall be treated as Heritage Urban Park forthwith and declared so by an Act to be passed by the Assembly as undertaken by the respondent-Provincial Government;

(ii) Widening of the road on both sides of the Canal Bank shall be in accord with the report submitted by the Mediation Committee;

(iii) Necessary corrections/modification of some of the underpasses on the Canal Road shall be carried out as suggested in the report of the Mediation Committee;

(iv) Proper Traffic Management Program shall be made and given effect to;

(v) Further improvement in public transport system shall be ensured;

(vi) Where needed and as recommended by the Committee, re-engineering of the junctions along the Canal Bank would be undertaken;

(vii) The service roads along certain parts of the Canal Road shall be constructed/improved;

(viii) Report of the Mediation Committee shall be implemented as agreed by the respondent-Provincial Government in letter and spirit;

(ix) Respondent-Provincial Government and TEPA shall ensure that minimum damage is caused to green belt and every tree cut would be replaced by four trees of the height of 6/7 feet and this replacement when commenced and completed shall be notified through press releases for information of general public, copies of which would be sent to the Registrar of this Court for our perusal; and

(x) Elaborate measures / steps be taken to ensure that the Canal is kept clean and free of pollution.

The steps should inter alia include throwing of liter and discharge of any pollutant in the Canal a penal offence. The Chief Secretary, Government of Punjab shall ensure that a comprehensive action plan is prepared in this regard by the concerned department and report is submitted to the Registrar of this Court within six weeks of the receipt of this judgment.

Further, it has also been held in the concluding para of the judgment that For what has been discussed above, since most of the prayers and concerns have been taken care of in the Mediation Committee Report, the petition to the extent of those prayers is disposed of as having fructified and the petition is allowed in terms of the Report of the Mediation Committee which stands accepted even by the respondent Provincial Government. The petition in so far as it challenged the Project of widening of road is dismissed.

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