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SHC reserves order in Clifton flyover, underpasses case - Salman - 04-22-2014 01:45 PM
SHC reserves order in Clifton flyover, underpasses case
KARACHI: Sindh High Court (SHC) on Monday reserved judgement on lawsuit against construction of underpasses and flyover in Clifton area, financed and executed by the Bahria Town, after hearing the arguments of the plaintiff and defendants.
Defence Housing Society (DHS) had filed lawsuit against construction of underpasses and flyover project at Clifton area, contending that construction of mega project was made without approval of Environmental Impact Assessment (EIA) by the Environment Protection Agency.
Concluding arguments, KMC counsel defended the construction of project submitting that DHS had concealed the advantages of construction project as after completion of the project it will ease the traffic congestion and bottleneck and people will have access to Abdullah Shah Ghazi Shrine, Seaview and park without any hindrance.
KMC counsel submitted that DHA has no locus standi to raise question over the construction and submitted that the corporation is willing and determined to serve the citizens of Karachi and adhere to all rules and regulations. He said the project was being constructed at rapid and unprecedented pace so as to ensure that it is completed within four months to facilitate the citizens.
He submitted that project in question was initiated after getting the approval of Sindh Environment Protection Agency and while granting the approval, EPA had stipulated number of conditions which are fully adhered to. He said the project was being constructed in the manner that it will turn out to be environmental friendly since it will result in easing the flow of the traffic and quality infrastructure to the citizens.
Rejecting DHS claim that construction of the project would cause traffic jam and environment hazard at Street 26 of the DHA, he submitted that plaintiff did not conduct any study that indicate any environment hazard despite the fact that the project has been constructed within the KMC jurisdiction. He prayed court to dismiss the lawsuit as not maintainable.
EPA Director Technical Ashiq Ali Langha also produced the file regarding approval of Initial Environment Examination of the project.
Bahria Town and Clifton Cantonment Board’s counsel had on previous hearing concluded their submissions on DHA application against the construction of flyover and underpasses project. SHC’s single bench, headed by Justice Munib Akhtar, reserved the judgement on the case.
Interim stay order against the construction of the project had already been suspended by the SHC division bench on appeal filed by the Bahria Town, which is also involved in construction of the over Rs1.8 billion mega project.
Bahria Town counsel submitted that construction of flyover and underpass project in front of AT Naqvi Chowk , Bahria Town Icon and Park Tower was originated by the Karachi Metropolitan Corporation for citizen of Karachi and was the long pending issue on the government files. The counsel submitted that appellant had lodged its Bahria Town Icon project and offered KMC to exclusively finance the said project which was after adopting all formalities approved by the KMC.