LHC again places heritage sites under control of archaeology dept
By Wajih Ahmad Sheikh
2025-04-24
LAHORE: The Lahore High Court on Wednesday ordered the Punjab archaeology department to take over administrative control of Lahore Fort and other heritage sites which were earlier transferred to the Walled City Authority of Lahore (WCLA).
Justice Shahid Karim was hearing a petition challenging the handover of the heritage sites, including Lahore Fort, Shalamar Gardens and Jahangir`s tomb, to the WCLA by the provincial government.
At the outset of the hearing, a written reply was filed on behalf of WCLADirector General Kamran Lashari, in which he admitted holding of private functions at the heritage sites despite restraining orders passed by the court.
An apology on behalf of the WCLA DG was also tendered, which the judge rejected for the time being and immediately summoned the director general of the archaeology department.
Justice Karim resumed the hearing at 1pm when archaeology DG Zahir Abbas Malik appeared before the court. He stated that the conditional transfer of the management of Lahore Fort, Hazoori Bagh and Shahi Hamam was made to the WCLA following a notification issued on Oct 20, 2014.
He said, as per the condition, the ownership of the fort and Hazoori Bagh was to remain with the directorate general of archaeology, however, the WCLA was vested with the management and control of the monuments for all practical purposes.
The DG also presented a 2023 notification, which required the archaeologydepartment to withdraw all officials/ staff posted at fort, Shalamar Gardens and Qutubuddin Aibak`s tomb in Anarkali.
He said complete administrative control of the sites was also transferred from the archaeology department to the WCLA.
However, Justice Karim observed that it did not mean at all that the overall authority over the Lahore Fort was conceded by the directorate general of archaeology, Punjab, which inherently vests in the department of archaeology according to the primary law.
`The transfer of administrative control does not mean that ownership too has come to vest in WCLA,` the judge maintained.
The judge observed that the admission made by the WCLA DG about holding private functions in the monuments in violation of the court`s orders cannot be tolerated.
The judge suspended the impugned notifications of 2014 and 2023, which transferred the control of the heritagesites to the WCLA.
Justice Karim directed the archaeology DG to take over administrative control of Lahore Fort and other sites till the next hearing.
The judge instructed a Punjab government`s law officer to forward the order to the chief secretary, who shall initiate action against WCLA DG Lashari and other officers, and inform the court regarding appropriate action at the next hearing.
`This action ought to include revocation of appointment of these officers as they have fallen in breach of the public trust reposed in them,` Justice Karim observedinhis order.
The judge further directed the law officer to assist the court regarding action under the law that may be applicable to the violations committed by the WCLA.
The judge would resume further hearing on Thursday (today) at 1pm.
Rana Irfan Ali, an employee of the archaeology department, filed the petition.