PESHAWAR: The Peshawar High Court has directed the local government department to notify the Kaghan Development Authority’s building bylaws within 60 days and banned all sorts of construction in the region under its jurisdiction until then.

The Green Bench of the court comprising Chief Justice Yahya Afridi and Justice Ijaz Anwar issued comprehensive directions to the provincial government in light of the recommendations of a commission set up by the court to look into different environment related issues in the KDA’s jurisdiction, including Kaghan, Naran and other areas.

It ruled that the draft building bylaws 2017 should be forwarded to the local government department for notification and implementation within 60 days.

Banning all sorts of commercial and residential constructions in the region until the notification of those bylaws, the bench directed the Mansehra deputy commissioner and district police officer to assist the KDA in enforcing that ban.

The court had disposed of two petitions filed by Mehmood Ahmad Aslam and Mohammad Shoaib regarding different environment related issues on Apr 26.

PHC bans all constructions in region until then

It has now released the detailed judgment, wherein several directives have been given to different government departments so as to ensure checking of environmental degradation in the famous tourism areas of Naran, Kaghan, etc.

The bench ordered the formulation of a proper detailed master plan saying the land use planning shall be carved out within a period of six months and that the process of hiring a consultant for the purpose shall be initiated immediately.

It added that the judgment shall be transmitted to the KP chief secretary to ensure its implementation.

The bench further directed the local government secretary to transmit the monthly progress report on the judgment to the director human rights cell of the high court.

It ordered the revenue department to complete land acquisition process on priority basis and handover its possession to the KDA for its development, management and installation of a proper solid waste management system on the proposed site located in Chitta Khatha area along the main road, about three km short of Narran.

The bench ruled that the site had already been declared feasible for dumping of solid waste.

It directed the KDA and provincial government to take appropriate steps for the imposition of conservancy user charges (CUS) and fee on link roads including Shogran Road, Saiful Malook Road and Lalazar Road.

As recommended by the commission, the proposed site for the establishment of camping Ground Land, measuring 77 kanals being declared feasible and the scheme already approved but pending execution, the court directed the Revenue Department to finalise the acquisition process on priority basis and handover its possession to KDA for its development at the earliest, accordingly.

The order states: “To maintain the natural beauty and preserve the lakes from adverse environment effects, a scheme namely ‘Feasibility Study of the Area: Development of Saiful Maluk and Lulupatsar’ has already been approved in the ADP of fiscal year 2017-18, the same shall be expeditiously implemented.”

The court also ordered that the pending approval of PC-1 be expediated for their immediate realisation, in respect of the projects: Sewage Waste Management Plan for Narran and Solid Waste Management Plan by Incineration.

For emergency health facilities, the court ordered the government to make prompt arrangements of mobile emergency health facility and Recovery Vehicle- 1122 Service.

The court also ordered that any construction, which affects the access of preservations of ancient relic Caves in Kaghan valley, as highlighted by the petitioner Mohammad Shoaib, is to be halted.

“All authorities are to ensure that no construction be carried out, which would diminish in any manner whatsoever, the approach to the said cave.”

KP advocate general Abdul Lateef Yousafzai was the convener of the commission appointed by the high court on Aug 17, 2017.

Other members of the commission were commissioner Hazara division, DIG Hazara, Environmental Protection Agency’s director general, director general of Galiyat Development Authority, Mansehra district nazim, Balakot tehsil nazim, divisional forest officer Kaghan forest range, etc.,

The high court has constituted Green Division Bench at the Principal Seat and constituted each Division Bench of the high court at Abbottabad, Bannu, DI Khan and Mingora (Darul Qaza) benches as the Green Division Bench for hearing cases pertaining to environment for the areas falling under their respective jurisdiction.

Published in Dawn, May 29th, 2018