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Karachi: SHC allows Gizri flyover construction,DHA required to fulfil EPA requirement - Naveed Yaseen - 02-28-2009 09:01 AM
DHA required to fulfil EPA requirements: SHC gives nod to Gizri flyover construction
Staff Report
KARACHI: Two petitions challenging the design and length of the Gizri flyover were disposed of on Friday by a division bench of the Sindh High Court (SHC) comprising Justice Azizullah M Memon and Justice Abdur Rahman Faruq Pirzada.
Announcing the judgment reserved earlier, the bench ordered, “The construction work of the proposed fly over being a project of public importance and meant for the welfare of people shall continue. However, DHA shall be required to fulfill all legal requirements as envisaged in section 12 of the Pakistan Environment Protection Act 1977 as well as the relevant portions of the Pakistan Environment Protection Agency Regulations (PEPRA) 2000.”
The bench also stated, “That in case of any negative findings in the same Environment Impact Assessment (EIA), DHA shall be liable to legal consequences and suitable compensation to any affected persons.”
The bench also rejected the plea by DHA that the Schedule II of PEPRA 2000 did not govern the said project. The bench maintained that major projects, although under taken in the larger interest of the general public, have certain environmental impacts that have to be governed by the prevalent provisions of law and the bench is clear in mind that the proposed project is governed by Schedule II.
Salma Iqbal Chundrigar and 12 other residents of main Gizri road had filed a petition while the shopkeepers and residents of Upper Gizri filed another. Both petitions questioned the design and length of the Gizri fly over and later amendments in the original design. The petitioners pleaded that their fundamental rights were being infringed and the lives of their children will be endangered due to the design of the fly over.
As per the petitioners in the second petition, originally the ramp was to start from Submarine Chowrangi and end at C Street, Phase V, DHA (main Gizri road) but later on the intervention by some petitioners/ respondents in an earlier petition, DHA reviewed the design and decided that ramp will be shortened and instead end in front of the Total Petrol Pump.
The change in design sparked protests by the general public residing in adjoining areas including the residents of P&T Colony, students of the girls and boys secondary school and elected area representatives, all of whom demanded the construction of the fly over as per the original plan.
SHC orders treatment of Saira Jatoi at SIUT: Visibly in pain, Saira Jatoi burst into tears explaining her helpless position due to the non-provision of medical facilities at a safe house inside Garden Police Head Quarters.
Produced before a bench of Sindh High Court (SHC) comprising Justice Khilji Arif Hussain and Justice Faisal Arab on Friday, Jatoi complained that despite repeated orders by the court, adequate medical care was denied to her.
Her tribesmen declared Jatoi a Kari when she married Ismail Jatoi. The couple is living under police protection. She said that she was suffering from a kidney problem and is in great pain. Her husband and baby boy born in protective custody were also produced before the court. The court put off further hearing till March 20 while directing the Sindh additional advocate general to ensure that she is treated at Sindh Institute of Urology.
The same bench also heard the petition of Manzooran who married Yousuf out of her own choice. However, her father lodged an FIR at the Mitiani Police Station, District Naushehro Feroz.
The counsel for petitioner maintained that police was harassing the petitioner in a false case. After hearing the counsel for the petitioner, the bench put off hearing till March and ordered the police and other respondents to refrain from harassing the couple.
http://www.dailytimes.com.pk/default.asp?page=2009\02\28\story_28-2-2009_pg12_1