Signal-free corridor judgement: High Court directs NAB to probe LDA, EPA heads

Court holds provincial govt responsible for delay in local elections

LAHORE:

A Lahore High Court full bench has directed the National Accountability Bureau (NAB) to start an inquiry against director generals of the Lahore Development Authority (LDA) and the Environment Protection Agency (EPA) for their failure to comply with the law in the launch of the signal-free corridor in the city from Qurtaba Chowk on the Jail Road to Liberty Roundabout on Gulberg’s Main Boulevard.

The NAB was given two months to conduct the inquiry and submit a report to the court. Otherwise, the bench observed, the court would proceed with the matter on its own.

The LHC had, in a short order, scrapped the project on April 18. The detailed judgement was issued on Wednesday following recent directions from the Supreme Court of Pakistan.

In the 110-page judgment, the bench headed by Justice Mansoor Ali Shah observed that in proceeding with the project the LDA had caused inconvenience to the residents of the city besides a loss of Rs60 million to the public exchequer. “The EPA failed to take action against the LDA and allowed construction work without the environmental approval. We have been informed that Rs60 million of taxpayers’ money has been spent on the project so far,” it noted.

The bench observed that local elections were scheduled in the province in September 2015 and stated that until there was an elected government in the city the LDA should restrict its activities to completion of projects launched before the election announcement. It also expressed displeasure over the authority’s failure to submit in court a list of such projects. Besides, the bench stated that the LDA could oversee day-to-day repair and maintenance work in areas that fall under its jurisdiction.

The bench struck down as unconstitutional initiation of the project by the LDA on its own. It stated that work on the signal-free corridor was commenced in violation of Section 12 of the Punjab Environment Protection Act and that any attempt to proceed with the project would be in violation of Article 140 A of the Constitution (which requires elected authorities at the local level).

It observed that the LDA could propose establishment of the signal-free corridor at the site of the elected local government. “It is up to the elected government to approve or disapprove the project,” it said.

The bench further stated that with the commencement of the project the LDA had encroached upon the political, administrative and financial powers devolved on elected governments under the Punjab Local Government Act. With the passage of the Punjab Local Government Act, the LDA could no longer exercise powers vested in it under various sections (6, 13, 13A, 14, 15, 16, 18, 20, 23, 24, 28, 34A, 34B, 35, 38 and 46) of the Lahore Development Authority Act of 1975. It said such an attempt would be an encroachment on the jurisdiction of elected authorities.

The bench dismissed the prolonged absence of an elected government as a justification for commencement of the project. It said the constitution had mandated the provincial government to devolve powers to local governments. However, it said, the constitution or the PLGA had not specified any timeline for the purpose. “The delay in announcement of local elections is a political affair and is in violation of the law,” it ruled.

“The failure to hold local elections is the sole responsibility of the [provincial] executive. It has, thus far, failed to discharge this constitutional responsibility,” it said.

Published in The Express Tribune, May 21^st, 2015.