Orange Line project receives a setback

Govt stopped from acquiring land till a full bench has heard the plea against the project

LAHORE: The Orange Line Metro Train project received a setback last week as a Lahore High Court single bench stopped the provincial government from acquiring land for the project.

Justice Shahid Karim was hearing a petition seeking a court declaration that the project as unconstitutional and illegal. The petition was referred to the LHC chief justice for constitution of a full bench to deal with the matter.

Petitioners Amjad Hassan Bhatti and three other residents of Kapoorthalla House had submitted through their counsel, Azhar Siddique, that the land identified for acquisition included a plot where they had constructed their houses and had been living for several years now. They said more than 50 families would become homeless if the government went ahead with its plan of acquiring the land. They said the government had started acquiring land without fulfilling the legal requirements.

The petitioners’ counsel said that the protection of property was an integral provision of the Constitution. He said the government could not be allowed to violate his clients’ right to own property.

The counsel said that if implemented the project would also cause damage to several heritage sites along the route. The counsel further said that under Section 12 of the Pakistan Environment Protection Act (PEPA) of 1997, no infrastructure project could be initiated without an Environmental Impact Assessment (EIA) for it. He said to his knowledge the government had not carried out an EIA for the project.

The counsel requested the court to declare acquisition of land and execution of the project in violation of the PEPA 1997 and constitutional clauses on fundamental rights.

The court issued notice to the provincial government and the Lahore Development Authority and adjourned the hearing.

International conference on climate change

Last week, Justice Mansoor Ali Shah directed the foreign ministry to inform the court about Pakistani delegation’s role at the international conference on climate scheduled to take place in Paris on November 30.

The judge was hearing a petition seeking effective implementation of the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy 2014-2030.

Earlier, a foreign ministry representative submitted that after the 18th constitutional amendment, climate change had become a provincial subject. She said effective legislation would be ensured in light of the recommendations of the Climate Change Commission.

To a question about the motive behind Pakistan’s participation in the conference, the representative just said that the ministry was fully prepared for the conference. The judge found her response unsatisfactory and directed her to inform the court about the delegation’s role in the conference.

The hearing was adjourned till December 7.

Donkey hides

A petition filed by two Chinese exporters seeking possession of donkey hides recovered in a police raid two months ago was dismissed last week after the court was informed about a ban on their export.

A law officer also submitted that before approaching the LHC the petitioners should have taken the matter to a civil court which was the appropriate forum for such matters. He said the petitioners had also failed to establish ownership of the hides.

Published in The Express Tribune, November 23^rd,  2015.