The wave of commercialisation in the green areas of Lahore had raised a serious question mark on the alleged involvement of the concerned authorities, Pakistan Today has learnt.
Commercialisation projects constituted an infringement of the fundamental rights of the petitioners, the residents of Model Town and the citizens of Lahore, as enshrined in Articles 9 and 14 of the Constitution of the Islamic Republic of Pakistan 1973, and as dilated upon by the superior courts of the country.
Each of the commercialisation projects would be built in an area which was either expressly dedicated to non-commercial activities or which had since long been exclusively used for that purpose. For example, the Linear Park had always been exclusively set aside and demarcated as a park since its establishment. However, under the Linear Park Commercialization Project, 2.5 acres of the Linear Park would be converted to commercial usage. This was a blatant violation of the fundamental rights of the petitioners and was contrary to the law settled by the superior courts of Pakistan.
The Model Town Park Commercialization Project would have an adverse impact on the environment of the entire park and its surrounding areas, including noise and air pollution from the mechanical rides and amusement facilities, obstructions to the jogging track on account of the large numbers of people visiting the amusement park and excessive garbage and waste which such commercial ventures inevitably produce.
It would also take away the existing free of charge children’s playground which affords grownups the luxury of mingling amongst themselves. Moreover, the increased traffic congestion in the area, especially on Model Town Circular Road, would not only affect park-goers but also other residents of Model Town.
The J Block Commercialization Project required the uprooting of all the historic trees on its proposed site, and the closure of the J Block nursery which had been situated there for several years. This project called for wholesale destruction of the gigantic green area at the site. This area was not only inherently valuable to the residents of Model Town and the citizens of Lahore as a lung to the city, but more specifically, acted as a much needed buffer between the residents of J Block and Ferozepur Road, which was one of the busiest roads in the city, and which connected Lahore to Kasur.
Even if it was possible for the green areas in question to be commercialised, the commercialization projects were nonetheless illegal as they were in violation of the applicable statutory law. More specifically, Section 12 of the PEP Act provides a relevant part in this regard:
“12. Initial environmental examination and environmental impact assessment.– No proponent of a project shall commence construction or operation unless he has filed with the Provincial Agency an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the Provincial Agency approval in respect thereof.
The Provincial Agency shall–
i) review the initial environmental examination and accord its approval, or require submission of an environmental impact assessment by the proponent; or
ii) review the environmental impact assessment and accord its approval subject to such conditions as it may deem fit to impose, or require that the environmental impact assessment be re-submitted after such modifications as may be stipulated, or reject the project as being contrary to environmental objectives.
Every review of an environmental impact assessment shall be carried out with public participation.”
The impugned decisions were without lawful authority and in contravention of the laws and the master plans of Model Town and of Lahore, as they purport to authorise commercial activity upon land which had been specified for use only as open/green spaces and public amenity areas, and which cannot, under any circumstances, be used for commercial activities. As such, the impugned decisions should have been set aside by the registrar. However, to the best knowledge of the petitioners, no such decision has been taken by the registrar. This failure of the registrar to set aside the impugned decisions is illegal and liable to be set aside.
The commercialisation projects approved via the impugned decisions are all to be situated upon land which has been earmarked for and put to non-commercial use for many years. The site of the proposed children’s amusement park is being used for many years as a children’s park and play area within the confines of Model Town Park. In fact, the only access to that area is from within the park itself.
