KMC wants early completion of Clifton project

[Salman]

KARACHI: Karachi Metropolitan Corporation (KMC) on Monday requested Sindh High Court (SHC) to recall its interim stay order on construction of two underpasses and flyover at Clifton, being financed and executed by the private builder and developer, contending that if the interim stay order remained in vogue, the citizens of the port city including residents of Defence Housing Society would suffer irreparable loss.

Filing application against the SHC stay order on Defence Housing Society’s lawsuit against construction of underpasses and flyover project at Clifton area, KMC defended the construction project submitting that DHA had concealed the advantages of construction project before the court as after completion of the project it would ease the traffic congestion and bottleneck and people had access to Abdullah Shah Ghazi Shrine, Seaview and park without any hindrance.

The SHC on April 2 restrained the construction work for two underpasses and flyover on DHA lawsuit that questioned the construction of mega project without approval of Environmental Impact Assessment (EIA).

The metropolitan authority argued that the Supreme Court and 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 stay order issued in lawsuit of DHA submitting that it would also be risk of conflicting judgment in case the court assumed jurisdiction over the instant matter.

KMC submitted that DHA had no locus standi to raise question over the construction and submitted that corporation was willing and determined to serve the citizens of Karachi and adhereed to all rules and regulations adding that project was being constructed at rapid and unprecedented pace to ensure its completion within four months to facilitate the citizens.

It stated 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 were being fully adhered to adding that the manner the project was being constructed, it would turn out to be environmental-friendly project since it would result in easing the flow of the traffic and quality infrastructure to the citizens.

It was submitted that a large portion of the construction work had already been completed and halting the project at this stage would prove to be disastrous. KMC apprehended that monsoon were fast approaching and if said project was not completed it would prove to be catastrophic since massive digging and excavation had already been taken place and in case the project was not completed within stipulated time, the entire vicinity might suffer.

The DHA counsel waived notice on the application and sought time to file reply on the KMC application.Meanwhile, the court issued notices to private construction company’s Chairman Malik Riaz Hussain and its Chief Executive Officer Ali Riaz Malik on DHA’s contempt of court application. DHA counsel submitted that alleged contemnors despite the court orders were not only continuing with the construction project of flyover but launched a vilification campaign against the court stay order. The counsel said that alleged contemnors were also maligning some respectable institutions and persons to create an impression that interim stay order was the outcome of some conspiracy. He prayed court to restrain the alleged contemnors from criticising the interim order and issuing any statement in print and electronic media touching upon the merit of the case or having effect of influencing the proceedings of the case.SHC single bench headed by Justice Munib Akhtar issuing notices to the alleged contemnors directed them to file the reply in the application by April 10.