Lady Willingdon: Parts of hospital can be demolished, court rules

The hospital is not protected under the Punjab Special Premises Law.


Our Correspondent April 08, 2014
The hospital is not protected under the Punjab Special Premises Law. PHOTO: KEMU.EDU.PK

LAHORE:


The Lahore High Court has allowed the Punjab government to acquire 2 kanals and 11 marlas of Lady Willingdon Hospital’s land to construct a signal-free junction at Azadi Chowk.


Justice Abdul Sattar Asghar vacated the stay order issued on January 31 against demolition of any part of the hospital, disposing of the Young Doctors’ Association’s petition.  Asghar said the land was needed for widening the road in front of the hospital and to remove traffic bottlenecks in the area.

The judge also issued orders that the government must not demolish washrooms in the maternity wards A and B, kitchens and stores of the hospital until alternative facilities have been constructed. He said this should be done within 45 days. A report in this regard, prepared by the project director and verified by the hospital medical superintendent, must be submitted to the court registrar in seven weeks.



The court ruled that no portion of doctors’ mess be demolished. The respondents have amended the plan for demolition in line with the court order, and agreed that the mess would not be demolished.

The judge said that the project was being launched by a competent authority, after consulting the relevant departments and obtaining the required expert opinion on its feasibility.

Asghar said the studies had been carried out by the well-reputed NESPAK.

He added that the authorities had also undertaken to rehabilitate and substitute the facilities that were likely to be affected to the satisfaction of the medical superintendent. The counsel for the government had proposed that facilities would be reconstructed within 45 days at an estimated cost of Rs881,1345.



“In my opinion, public trust has been properly safeguarded in this case and thus it does not call for the issuance of any writ against the respondents”, the judge said.

According to the revenue record, the hospital land is owned by the government. Thus, the judgement said, the petitioner’s claim that the hospital land was a private trust was unsubstantiated. The record also shows that the hospital is not a protected building under the Punjab Special Premises (preservation) Ordinance 1985 or the Antiquities (Amendment) Act 2012.

Published in The Express Tribune, April 8th, 2014.

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