KARACHI: The Sindh environmental protection tribunal has summoned the chief of the Sindh Building Control Authority (SBCA) along with relevant record of an under-construction commercial plaza in Clifton after the Sindh Environmental Protection Agency (Sepa) informed it that it had cancelled the initial environmental examination (IEE) approval granted to the builder for the project.

The three-member tribunal, headed by its chairman retired Justice Sadiq Hussain Bhatti, directed the SBCA director general to appear along with layout plan approval granted to M/s Burj Builders to build luxurious apartments on Feb 28.

Prof Shahjahan Katpar had approached the tribunal challenging a no-objection certificate (NOC) issued by Sepa deputy director (Technical-II) Mohammad Imran Sabir on Aug 15, 2017 for the construction of a 15-stroey commercial plaza on a residential plot No A-40, Street No. 4, Bath Island, Clifton.

The complainant submitted that he had sent a letter to Sepa seeking cancellation of its decision of according IEE for the construction of the building on a 2,000-square yards residential plot adjacent to his house, but no action was taken.

The multistorey building is being constructed on a residential plot

He said that the issuance of the NOC for the construction of the proposed project fell in the category (i)2 of Schedule-II under which the agency could issue an environmental impact assessment (EIA) instead of the IEE, which is issued in respect of the projects to be built on land measuring less than 2,000 square yards area and below 15 floors.

He added that the actual size of the plot, as per the record of the Karachi Metropolitan Corporation, was more than 2,000 square yards and it was residential in nature. The layout plan of the SBCA showed that the proposed commercial high-rise would comprise of 15 floors or above, he said.

The complainant argued that Sepa had issued IEE in respect of the proposed project in violation of the SEPA Act, 2014 and sought a direction for its cancellation.

The complainant had submitted that the agency failed to take any action against the project, which could cause environmental and civic issues in the residential locality.

In response to the tribunal’s notice, Sepa director general Naeem Mughal furnished a report stating that a show-cause notice was issued to the proponent — the owner of M/s Burj Builders and Developers — on Feb 1 and a departmental committee was constituted for conducting an enquiry into the matter on the same date.

The report stated that the committee investigated/enquired the matter and submitted its report with observations that the subject project fell within the schedule of the EIA.

In view of the plot size, it added: “The IEE report concealed and misrepresented the facts of the project before this agency due to mala fide intentions to escape from the EIA review project.”

M/s Burj Builders filed a reply to Sepa through counsel, who argued and placed his contention before the tribunal against the show-cause notice on Feb 14.

The Sepa chief mentioned that after hearing arguments advanced by the counsel and in view of the findings of the inquiry committee he was of the firm opinion that the builder had failed to provide realistic facts to the agency about the project and had failed to give justified and satisfactory reply during the proceedings held on Feb 14.

Therefore, Mr Mughal submitted that in exercise of power conferred under Regulation 21 of IEE/EIA Regulation, 2014 the approval of Sepa issued in favour of the IEE report of the project submitted by the builder was cancelled/withdrawn.

He added that the builder was also directed under Section 21(2) of the Sindh Environmental Protection Act, 2014 to immediately stop construction work on the project and submit an EIA report within one month of issuance of the direction.

He also submitted an inquiry report, which found that during a site inspection project manager Haris Memon informed it that the land measured 2,000 square yards and contained 15 floors.

The committee found that the complainant’s residence was adjacent to the project site, where the construction work was continuing and had reached up to third parking floor.

The committee evaluated the IEE report prepared by M/s Environmental Management Consultants (EMC) Pakistan Private Limited from which it specifically transpired that the total area of the subject plot was 1,980 square yards (17.820 square feet) and total number of the upper floors was mentioned as basement and ground plus 14-stoey residential development.

The report stated that the measurement of 1,980 square yards explicitly contradicted the measuring size of the plot given by the SBCA to be 2,000 square yards.

It mentioned that the builder failed to turn up along with the relevant record of the project despite issuance of notices repeatedly, adding that the consultancy firm’s representatives were summoned to appear and file comments, but they sought time.

The inquiry body concluded that the project in question fell in IEA category while the relevant officer Imran Sabir did not go through the relevant rules and regulations.

As far as the role of the consultant was concerned, the inquiry committee concluded that the consultant misrepresented the report about the project to Sepa and placed misstatement regarding the actual size of the plot and floors of the building. Therefore, it recommended that the competent authority may take appropriate action, as per law.

In view of Sepa’s report, the tribunal’s head directed the SBCA chief to appear along with the relevant record of the proposed project on Feb 28.

Published in Dawn, February 19th, 2019

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