KARACHI: The Sindh High Court on Tuesday directed the Bahria Town, a real estate firm, to complete the work for protection and preservation of the 150-year-old Shree Ratneshwar Mahadev Temple in Clifton within 15 days.

A division bench headed by Chief Justice Maqbool Baqar was seized with the hearing of a petition against the huge traffic project being carried out by the Bahria Town.

The petition was filed by the All-Hindu Rights Organisation through its General Secretary Manohar Lal Jesrani, who impleaded the chief secretary, secretaries of the culture, housing and town planning departments, Karachi Metropolitan Corporation, KMC municipal director, Sindh Building Control Authority, Sindh Environmental Protection Agency (Sepa), federal environment secretary and the Bahria Town as respondents.

Rizwan Afzal, the project engineer of Bahria Town, told the bench that the work for construction of a retention wall along the temple from the beach side had already been started.

However, he said, since the survey report had suggested the rocks along the temple site might not be removed through a vibration process and they would be removed with the help of a chemical, which was being imported.

The bench that also comprised of Justice Shahnawaz Tariq gave the construction company 15 days for the completion of the proposed wall but with a condition that work would commence today (Tuesday) and continue on a day-to-day basis so that the same be completed within a period of 15 days.

Earlier, the court had appointed its nazir as commissioner to inspect the 150-year-old temple in Clifton and ascertain if any damage was being caused to it due to the construction work on a nearby flyover and two underpasses.

The counsel for the petitioner, Ghulam Mustafa Lakhani, told the judges that the Shree Ratneshwar Mahadev Temple, better known as Shiv Mandar, was built 150 years ago inside a cave on a hill overlooking the seafront.

He said that the temple was a national heritage and it was in danger due to the construction and excavation work on the huge traffic project involving the flyover and two underpasses.

The counsel added that the entire structure of the temple was at risk as the real estate firm was digging up ditches near it.

He said the temple could not withstand earth vibrations which were causing damage to its walls and architecture.

He alleged that the entire work was being carried out illegally without obtaining a prior mandatory environmental impact assessment from Sepa.

Besides, he said, no consent had been obtained from the provincial culture department regarding the temple’s heritage status.

The counsel said that the SHC had earlier ordered in an identical petition that the respondents would ensure that no damage was caused to the temple.

However, he alleged, the respondents did not comply with the court direction.

Published in Dawn, November 12th, 2014

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