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October 14, 2005 Friday Ramzan 9, 1426

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Court orders halt to luxury housing near Margallas



By Nasir Iqbal


ISLAMABAD, Oct 13: The Supreme Court on Thursday ordered a halt to the construction activity of a luxury housing scheme near Islamabad and asked the government to consider revising the capital’s construction regulations in the wake of Saturday’s massive earthquake.

A three-member bench of the apex court comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice M. Javed Buttar and Justice Hamid Ali Mirza, issued the order after hearing a suo motu case on the construction of the Islamabad Chalets Housing Scheme (ICHS) situated close to the Margalla Hills National Park (MHNP) in the Haripur District.

A report on the environmental issue submitted by Justice Javed Iqbal had noted that the national park is an important ecological preserve and an integral part of Islamabad lending the capital a unique characteristic of its beautiful environment.

“What are we doing?” the chief justice asked, directing Attorney General Makhdoom Ali Khan to suggest to the government to ban construction activity on hills.

Destruction caused by the recent earthquake is a reminder that development and construction in disregard of environmental concerns could wreak havoc and cause immense loss of life and property, Justice Iqbal’s report said.

Islamabad Chalets on Margalla Hills is the first housing scheme and is likely to open the way for more such schemes, seriously threatening the environment of the area due to increase in traffic on the already congested narrow road, and add to noise pollution and waste generation, the report feared.

The site of the scheme also falls in the catchment areas of Khanpur Dam, one of the main sources of the supply of water to Rawalpindi and Islamabad. The development will cause damage to the water reservoir through heavy flow of silt, sewer and other pollutants, it said.

This would not only accelerate silting of Khanpur Dam but would also deteriorate the quality of water, thus creating health hazards to the citizens of Rawalpindi and Islamabad.

The chief justice also took exception to the issuance of a no objection certificate (NOC) to the scheme by the Pakistan Environmental Protection Agency (Pak-EPA) without any environmental assessment.

“If we give a free hand to the agency, it will issue licences to the entire world to build such schemes,” he remarked.

“Tomorrow you will issue NOCs to 10 new companies disturbing the entire wild-life and ecology of the area.”

He also issued a directive that next time, environment ministry secretary should represent the agency in the court and take the responsibility instead of director-general Pak-EPA Asif Shuja.

Referring to the qualification of Asif Shuja, who is a mechanical engineer, the CJ observed: “I am sorry to say that you were posted there.”

Attorney General Makhdoom Ali Khan asked for a close scrutiny of the role of Pak-EPA, which short-cut the procedures and approved the scheme without conducting impact assessment.

Advocate Khawaja Tariq Rahim, the counsel for Chief Executive ICHS Malik Fawad stated that he need time to place necessary documents to substantiate that the project is executed strictly in accordance with PEPA 1997 (Pakistan Environment Production Act).

Meanwhile Ahmed Bilal Sufi on behalf of WWF (World Wildlife Fund) stated that another organization in the name of Pir Sohawa Valley Villa had also floated an illegal housing scheme by using the WWF-logo. Such construction activities would adversely affect the wildlife.

Advocate Mohammad Nawaz on behalf of the Capital Development Authority (CDA) argued that the authority was the main stakeholder because its construction would pollute Islamabad water reservoirs.



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