04-07-2014, 02:15 PM
KARACHI: The suspension of construction of two underpasses and a flyover in the Clifton area would pose a risk of permanent damage not only to the heritage site in the vicinity but also other projects in the area including the Abdullah Shah Ghazi Shrine, a shopping mall, park and hospital, Karachi Metropolitan Corporation contended in its appeal against the High Court’s stay order on the Rs1 billion mega construction project.
Being aggrieved with the SHC’s stay order on the Defence Housing Society’s lawsuit against the construction of the underpasses and flyover project in the Clifton area that was financed and executed by a private builder, the KMC defended the construction of the flyover stating that the project was initiated after the approval of the Environment Protection Agency (EPA).
The metropolitan authority argued that the Supreme Court and the high court were also seized with identical cases with regard to the construction and no restraining order had been issued yet in the matter except the impugned order in the appeal. The KMC apprehended if the project in the present condition was exposed to the rain, the entire area would be at risk of collapsing beside material at the project site would also become defective causing loss of billions of rupees.
The SHC on April 2 restrained the construction work for two underpasses and the flyover on the DHA lawsuit that questioned the construction of the mega project without the approval of the Environmental Impact Assessment (EIA).
The KMC submitted in its appeal that private builder was in the process of developing a multi-storey building on plot 5 and 6 sectors block CF-1-5 Old Clifton for which all necessary approval had been obtained as such plots are situated within the jurisdiction of the KMC.
The appellant submitted that Sindh High Density Development Board on November 19, 2011 approved construction on said plots with the observation that owner along with the KMC’s Traffic Engineering Department and the Sindh Building Control Authority would finalise the management of the traffic load. Subsequently, the appellant said that as per SHDDB recommendation, it was proposed that two underpasses and a flyover be built around the area of Park Tower and the AT Naqvi roundabout.
The KMC said that that the project was carried out in accordance with the law and based on international standards with the sole purpose of providing relief to commuters and the people of Karachi in general, adding that in pursuance of section 12 of Pakistan Environmental Protection Act, KMC submitted an Initial Environment Assessment to Sindh Environmental Protection Agency that was approved on March 18.
The appellant submitted that huge investment was being made on the project and major portion of the construction work including excavation had already been completed and plinth was being put for carrying out the construction work. It stated that once the development work was completed it would ameliorate the traffic congestion around the area of Park Tower and the shrine of Abdullah Shah Ghazi.
The KMC argued that the DHA had no locus standi to raise a question over the construction on the ground that instead of the IEA, Environment Impact Assessment should have been sought by the appellant as such project upon completion would ease flow of traffic considerably and would also be significant in the beautification of the entire vicinity.
The KMC alleged that the DHA’s assertion made in the lawsuit was devoid of any logic rational and was a figment of its imagination as it was well aware of the heritage site and historical structure of the Hindu temple as well as the Jahangir Kothari parade and all steps were being taken to ensure the historical site should remain unharmed.
It was submitted that the heritage site of the temple and Kothari Parade had nothing to do with construction of the said project and assured the court that the KMC would not take any such action which might damage any piece of heritage site. The appellant submitted that project needed to be completed expeditiously due to monsoon season and if the same was not completed, there would be a risk of permanent damage not only to the heritage site in the vicinity but also other projects including the Abdullah Shah Ghazi’s shrine, shopping mall, park and the hospital.
The appeal was taken up by the SHC’s division bench headed by Justice Irfan Saadat Khan for urgent hearing of the case. However the appellant counsel withdrew the application for urgent hearing and court dismissed it as same was not pressed.
Being aggrieved with the SHC’s stay order on the Defence Housing Society’s lawsuit against the construction of the underpasses and flyover project in the Clifton area that was financed and executed by a private builder, the KMC defended the construction of the flyover stating that the project was initiated after the approval of the Environment Protection Agency (EPA).
The metropolitan authority argued that the Supreme Court and the high court were also seized with identical cases with regard to the construction and no restraining order had been issued yet in the matter except the impugned order in the appeal. The KMC apprehended if the project in the present condition was exposed to the rain, the entire area would be at risk of collapsing beside material at the project site would also become defective causing loss of billions of rupees.
The SHC on April 2 restrained the construction work for two underpasses and the flyover on the DHA lawsuit that questioned the construction of the mega project without the approval of the Environmental Impact Assessment (EIA).
The KMC submitted in its appeal that private builder was in the process of developing a multi-storey building on plot 5 and 6 sectors block CF-1-5 Old Clifton for which all necessary approval had been obtained as such plots are situated within the jurisdiction of the KMC.
The appellant submitted that Sindh High Density Development Board on November 19, 2011 approved construction on said plots with the observation that owner along with the KMC’s Traffic Engineering Department and the Sindh Building Control Authority would finalise the management of the traffic load. Subsequently, the appellant said that as per SHDDB recommendation, it was proposed that two underpasses and a flyover be built around the area of Park Tower and the AT Naqvi roundabout.
The KMC said that that the project was carried out in accordance with the law and based on international standards with the sole purpose of providing relief to commuters and the people of Karachi in general, adding that in pursuance of section 12 of Pakistan Environmental Protection Act, KMC submitted an Initial Environment Assessment to Sindh Environmental Protection Agency that was approved on March 18.
The appellant submitted that huge investment was being made on the project and major portion of the construction work including excavation had already been completed and plinth was being put for carrying out the construction work. It stated that once the development work was completed it would ameliorate the traffic congestion around the area of Park Tower and the shrine of Abdullah Shah Ghazi.
The KMC argued that the DHA had no locus standi to raise a question over the construction on the ground that instead of the IEA, Environment Impact Assessment should have been sought by the appellant as such project upon completion would ease flow of traffic considerably and would also be significant in the beautification of the entire vicinity.
The KMC alleged that the DHA’s assertion made in the lawsuit was devoid of any logic rational and was a figment of its imagination as it was well aware of the heritage site and historical structure of the Hindu temple as well as the Jahangir Kothari parade and all steps were being taken to ensure the historical site should remain unharmed.
It was submitted that the heritage site of the temple and Kothari Parade had nothing to do with construction of the said project and assured the court that the KMC would not take any such action which might damage any piece of heritage site. The appellant submitted that project needed to be completed expeditiously due to monsoon season and if the same was not completed, there would be a risk of permanent damage not only to the heritage site in the vicinity but also other projects including the Abdullah Shah Ghazi’s shrine, shopping mall, park and the hospital.
The appeal was taken up by the SHC’s division bench headed by Justice Irfan Saadat Khan for urgent hearing of the case. However the appellant counsel withdrew the application for urgent hearing and court dismissed it as same was not pressed.