Syed QAMAR MEHDI vs GOVERNMENT OF PUNJAB Ss — 2024 CLC 1569 LAHORE-HIGH-COURT-LAHORE

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Syed QAMAR MEHDI VS GOVERNMENT OF PUNJAB Ss. 2(n), 3 & 5---Punjab Special Premises (Preservation) Ordinance (XXXIV of 1985), S. 2(a)---Corrigendum Notification No.SO(Admn)5-22/2023(Misc) dated 14-12-2023 amending Notification dated 01.03.1985---Heritage Park---"Special Premises" and land appurtenant thereto and the outer walls thereof---Scope---Interpretation of the provisions---Under the provisions of the S.5 of the Parks and Horticulture Authority Act, 2012 along with Ss. 5 & 6 of the Punjab Special Premises (Preservation) Ordinance, 1985, it is statutory duty of the Government and any statutory authority to preserve and conserve the premises (building and land appurtenant thereto) having historical and cultural value---Rationale behind these enactments is to preserve sites and premises having cultural and historical value because history lives in architecture and historical sites, besides representing culture and identity---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---Section 5 of the Parks and Horticulture Authority Act, 2012, independent of the Punjab Special Premises (Preservation) Ordinance, 1985, imposes responsibility of declaring the Parks and Gardens having cultural and historical value as Heritage Park, even if it is not declared as Special Premises---But for Parks and Gardens already declared as Special Premises, power and administrative control is restricted and eclipsed by the Punjab Special Premises (Preservation) Ordinance, 1985---Punjab Horticulture Authority can only preserve and conserve "flora and fauna", but cannot develop to change its original shape---Though Notification dated 14.12.2023 was issued to include appurtenant land and walls of Bagh-e-Jinnah, still it was necessary to hold for other Special Premises also that declaring any building as Special Premises shall necessarily include the appurtenant land walls, being part of it historically---Its originality shall not be compromised on the pretext of development, or for any commercial purpose---Constitutional petition was allowed accordingly. Citation Name: 2024 CLC 1569 LAHORE-HIGH-COURT-LAHORE Syed QAMAR MEHDI VS GOVERNMENT OF PUNJAB Ss.2(n), 3 & 5---Punjab Special Premises (Preservation) Ordinance (XXXIV of 1985), S. 2(a)---Corrigendum Notification No.SO(Admn)5-22/2023(Misc) dated 14-12-2023 amending Notification dated 01.03.1985---Heritage Park---"Special premises" and land appurtenant thereto and the outer walls thereof---Scope---Public interest petition filed by a regular visitor of Bagh-e-Jinnah (Lawrence Garden) challenged an order by Parks and Horticulture Authority (PHA) by which it allowed skateboard park in Bagh-e-Jinnah---Contention of the petitioner was that parks having historical and cultural value were to be declared as Heritage Park---Validity---Government of Punjab/respondent apprised the High Court that Bagh-e-Jinnah is already declared as "Special Premises", through a Notification dated 01.03.1985, issued under S. 2(a) of the Punjab Special Premises (Preservation) Ordinance, 1985 (' the Ordinance 1985' ) ,however, only buildings in Bagh-e-Jinnah, like Montgomery Hall (Quaid-e-Azam Library) and Cricket Pavilion were declared as Special Premises---Land appurtenant thereto and the outer walls thereof were to be included in the Special Premises in terms of Ss. 5 & 6 of the Ordinance of 1985, which protected alteration or renovation, demolition or re-erection of Special Premises and imposed a restriction on sanction of such plan---High Court directed that a corrigendum shall be notified to include the appurtenant land and trees with the outer wall of the Bagh-e-Jinnah---It was apprised to the High Court that through Notification dated 14.12.2023 Bagh-e-Jinnah was now declared as Special Premises under the Ordinance of 1985---It was undertaken by the respondents that ongoing projects and alteration shall be placed before the Committee, constituted under S. 3 of the Ordinance of 1985---High Court directed that the concerned Committee and the Government/Agency shall preserve special premises (Bagh-e-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 of Bagh-e-Jinnah is not compromised; that the Committee shall ensure representation from public and of present petitioner while finally deciding the fate of pending work; that the petitioner or any other person if feels that the law is being violated or original shape of Bagh-e-Jinnah is being changed, may approach the High Court again---Constitutional petition was disposed of accordingly.

Syed QAMAR MEHDI vs GOVERNMENT OF PUNJAB Ss — 2024 CLC 1569 LAHORE-HIGH-COURT-LAHORE

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