Lahore Orange Line Metro Train Project

In National Engineering Services Pakistan (NESPAK) (Pvt) Ltd vs. Kamil Khan Mumtaz & others (2018 SCMR 211), the Supreme Court of Pakistan reviewed multiple appeals concerning the Lahore Orange Line Metro Train Project (OLMT), focusing on its impact on heritage sites and compliance with environmental laws. The judgment emphasized the balance between infrastructure development and heritage conservation, ensuring that development does not compromise cultural heritage.

Background:

The Lahore Orange Line Metro Train Project (OLMT) was initiated by the Government of Punjab to address traffic congestion in Lahore. The project included the construction of a 27.1-kilometer track with elevated and underground sections, passing close to several heritage sites protected under the Antiquities Act, 1975, and the Punjab Special Premises (Preservation) Ordinance, 1985. Multiple petitions were filed, primarily challenging the project’s proximity to heritage sites such as the Shalamar Gardens, Chauburji, and the General Post Office, arguing that the construction would damage these sites.

Key Issues:

Impact of OLMT on Heritage Sites: Whether the construction and operation of the OLMT would adversely affect nearby heritage sites, and if so, what measures could mitigate these effects.

Compliance with Environmental and Heritage Laws: Whether the project complied with relevant environmental laws and heritage protection regulations, including the Antiquities Act, 1975, and the Punjab Special Premises (Preservation) Ordinance, 1985.

Validity of the NOCs and Permissions: Whether the NOCs and permissions granted for the OLMT project were issued following the proper legal procedures and with due regard to the preservation of heritage sites.

Court's Analysis:

Heritage Impact Assessments: The Court reviewed several technical reports, including those by NESPAK and independent experts like TYPSA and Dr. Robin Cunningham, on the potential impact of the OLMT on heritage sites. The reports concluded that while there was some risk of vibration damage, the effects were within internationally accepted limits if proper safeguards were implemented. The Court stressed the need for rigorous monitoring and protective measures during construction and operation.

Legal Compliance and Procedural Requirements: The Supreme Court emphasized that any development near heritage sites requires strict adherence to legal provisions under the Antiquities Act, 1975, and the Punjab Special Premises (Preservation) Ordinance, 1985. The Court found that while the NOCs were issued following due process, further measures were needed to ensure compliance and protect heritage sites effectively.

Mitigation Measures and Conditions: The Court imposed several conditions on the project, including continuous vibration monitoring, the appointment of independent conservation experts, and the use of state-of-the-art technology to minimize any potential damage. The Court also ordered the restoration of affected heritage sites and required periodic inspections to ensure compliance with the imposed conditions.

Court's Conclusion: The Supreme Court allowed the appeals, setting aside the Lahore High Court's judgment that had halted construction near the heritage sites. The project was permitted to continue, subject to strict compliance with the conditions outlined by the Court to mitigate any adverse effects on the heritage sites.

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