Property tycoon issued contempt notice on DHA plea

[Salman]

Property tycoon issued contempt notice on DHA plea

KARACHI: The Sindh High Court on Monday issued a notice to the chief executive of the Bahria Town on a contempt of court application for disobeying a court order that had restrained the real estate tycoon from carrying out construction work on a flyover being built near the shrine of Hazrat Abdullah Shah Ghazi in Clifton.

The contempt of court application was filed by the Pakistan Defence Officers Housing Authority, which had already filed a lawsuit against the construction of the flyover without mandatory environmental assessment of the project, against Malik Raiz Hussain, the Bahria Town’s chief executive.

The court last week had stayed the construction work on the impugned flyover.

The Defence Housing Authority, represented by Advocate Malik Naeem Iqbal, filed the contempt of court application praying for initiation of contempt proceedings against the Bahria Town chief for flouting the court orders.

It was submitted in the application that the real estate concern was still carrying out construction work on the flyover despite the restraining order issued by the SHC on April 2, and it had launched a vilification campaign in order to malign the respectable institution and persons.

The DHA counsel stated that the defendant had announced in 2010 one of its projects —Bahria Town Icon — a 68-storey building housing several shopping malls, hotel, cinema and other facilities.

He said that the respondent firm had also undertaken a project, the Grade Separated Improvement Plan, from the Park Tower traffic intersection to the A.T. Naqvi Roundabout, which included the construction of a flyover in front of Park Towers in Clifton and the underpasses near Kothari Parade, as part of Bahria Town Icon Tower project.

The counsel said that the project involved major construction work to be carried out along the relevant roads, which were major arteries of the DHA and Clifton and its cost runs into billions of rupees.

He said that according to Section 12 of the Pakistan Environment Protection Act, 1997, no such project could be undertaken without an assessment of its impact on the environment.

A division bench headed by Justice Munib Akhtar issued the contempt notice on the application.

Meanwhile, another bench headed by Justice Irfan Saadat Khan issued notices to the local government secretary, Karachi Metropolitan Corporation administrator, Sindh police chief and the SHO of the Boat Basin police station on three different lawsuits against the Bahria Town.

One of the lawsuits was filed by the Prime Management Private Limited, a management company responsible for managing the affairs of the Park Towers in Clifton, and shopkeepers.

The petitioners said that the authorities had announced a traffic diversion plan on March 12 informing that the detour to be taken for approaching Park Towers both coming from the side of Do Talwar as well as from Bilawal Chowrangi.

They said that authorities concerned instead of adhering to their own diversion plan had implemented a different plan which was causing a great deal of inconvenience to the visitors as well as commuters.

The plaintiff said that the commencement of construction and excavation along the main entrance to Park Towers for flyover on Shahrah-i-Iran without notice to them and without looking its possible impact on their business and environment was a great concern to them.

They asked the court to direct respondents to follow the notified diversion plan.

Another suit against the real estate firm was filed by three residents of the locality, including Begum Farkhunda.

The plaintiffs stated that the Bahria Town had launched the Bahria Town Icon Tower project in sheer violation of provisions of Section 12 of Pepa, 1997 and regulations framed under such law.

They claimed that the Environmental Impact Assessment (EIA), which was necessary before the starting of such a huge project, had not been conducted by the Bahria Town and official authorities had also opined in their reports about the blockage and bottlenecks that would be created due to the project.

The residents said that the project would encroach upon Bagh Ibne Qasim and heritage declared site Jehangir Kothari Parade.

They requested the court to declare as illegal the project and issue injunction against it.