KARACHI: The Sindh High Court on Friday issued a stay order on the execution of the approval of Bahria Town’s controversial Clifton traffic project by the Sindh Environmental Protection Agency (Sepa).

A two-judge bench, headed by Justice Sajjad Ali Shah, also issued notices to the Sepa director general, Karachi Metropolitan Corporation administrator and Bahria Town chief executive to furnish their respective comments on the petition against the project filed by the Defence Housing Authority.

Also read: Sepa approves controversial Clifton traffic project

The DHA, represented by Advocate Abid Zuberi, moved the court against the environmental impact assessment (EIA) report given by Sepa that accorded its approval to the project that included construction of two underpasses and a flyover near the Hazrat Abdullah Shah Ghazi shrine in Clifton.

The counsel for the DHA said that a single bench of the SHC had allowed the DHA lawsuit restraining the real estate firm from carrying out construction work on the project. He said that the bench had also told the KMC to seek a mandatory environmental impact assessment report from Sepa on the project.

At a public hearing, he said, DHA officials, residents and representatives of the Hindu community had raised objections to the project, as it encroached upon the Jehangir Kothari Parade, a heritage site, and also caused damage to the historical structures of Sri Ratneshwar Mahadev Temple and Hazrat Abdullah Shah Ghazi shrine in the vicinity.

Advocate Zuberi said that to obtain the EIA report, the KMC approached Sepa that accorded its approval to the project on Aug 5. He said Sepa issued the EIA report without complying with the provisions of the Environment Protection Act, 1997 and other related environment laws, as their objections were not taken into account.

He argued that the report was based on ‘incorrect’ facts and figures and insufficient data. Major stakeholders were not consulted nor their objections were considered, he added. He asked the court to declare the EIA report illegal and set it aside. The bench granted the stay order against the EIA report and directed the respondents to file their replies on the petition at the next hearing, which will be later fixed by the court office.

The Bahria Town in 2010 had announced one of its projects – Bahria Town Icon Project – a 68-storey building housing shopping malls, hotel, cinema and other facilities.

According to the DHA, the project was initiated without taking into consideration its adverse environmental effect. It said the project was located at the hub of 26th Commercial Street and Shahrah-i-Firdousi that had predominant hustle and bustle with traffic plying round the clock.

The DHA said that the construction company in March suddenly closed a part of Shahrah-i-Firdousi towards Bilawal Chowrangi and junction of the A.T. Naqvi roundabout without taking into consideration the fact that no road or street could be closed without prior approval of the authorities concerned.

According to the DHA, the impugned project, being entirely financed and executed by the defendant firm at the estimated cost of Rs1.8 billion, was required for the EIA, as only an Initial Environmental Assessment report of the project had been submitted.

Published in Dawn, August 16th, 2014