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LAHORE: The Lahore High Court has restrained the caretaker government of Punjab from constructing a skateboard park in Bagh-i-Jinnah, also known as Lawrence Garden, and got the whole park declared special premises under the law.
Syed Qamar Mehdi, a regular visitor to the garden, approached the court through a public interest petition against an order by Parks and Horticulture Authority (PHA) allowing a skateboard park in Bagh-i-Jinnah, a 19th century garden.
Justice Shahid Jamil Khan heard the petition and examined the Parks and Horticulture Act, 2012, which revealed that Lawrence Garden is a heritage park under the law.
The government’s lawyer told the court that the garden had already been declared as “special premises”, through a notification of 1985, issued under Section 2(a) of the Punjab Special Premises (Preservation) Ordinance, 1985.
Garden declared special premises as per ordinance
However, he explained that only buildings in Bagh-i-Jinnah, like Montgomery Hall (Quaid-i-Azam Library) and Cricket Pavilion had been declared as special premises.
The director general for archaeology department admitted that sections 5 and 6 of the 1985 ordinance protect alteration or renovation, demolition or re-erection of special premises and imposes a restriction on sanction of such plan.
In compliance with the court’s order, the DG informed the court that the caretaker cabinet in its meeting on Dec 12 declared the whole Bagh-i-Jinnah as special premises.
The government undertook that the ongoing projects and alteration shall be placed before a committee, constituted under special premises law.
Justice Khan ordered the committee to preserve Bagh-i-Jinnah strictly in accordance with the intent of the ordinance of 1985 and pending development be placed before the committee, which shall ensure that original shape is not compromised.
The judge further directed the committee to ensure representation from the public and of the present petitioner while finally deciding the fate of pending work.
The judge observed that the petitioner or any other person, if feels that the law is being violated or the original shape of the garden is being changed, may approach the court again.
The judge ruled that it is a statutory duty of the government and any statutory authority to preserve and conserve the premises (building and land appurtenant), having historical and cultural value.
He emphasised that there is a rationale behind the laws to preserve sites and premises having cultural and historical value because the history lives in architecture and historical sites, besides representing culture and identity.
“The heritage inspires and unites generations. It helps to educate new generations about history by witnessing heritage buildings and gives awareness of the culture and its value,” Justice Khan asserted.
The judge noted that the law imposes the responsibility of declaring the parks and gardens having cultural and historical value as heritage park, even if it is not declared as special premises.
He remarked that the PHA can only preserve and conserve “flora and fauna” of a heritage park, but cannot develop to change its original shape.
Concluding the judgement, Justice Khan observed that the originality of the park shall not be compromised on the pretext of development, or for any commercial purpose.
Published in Dawn, December 24th, 2023
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