ISLAMABAD: The tug of war between the Capital Development Authority (CDA) and Pakistan Environment Protection Agency (Pak-EPA) over the under-construction Margalla Avenue has entered into litigation phase, as the civic agency filed a case against the environment watchdog on Monday, accusing it of creating hurdles in its work.

The court of senior special magistrate, acting on an application filed by planning wing of the CDA, on Monday fixed Dec 31 for hearing the case.

CDA Magistrate Sardar Mohammad Asif issued notices to both the parties to appear before him on the date with supporting documents.

The magistrate issued a notice to Pak-EPA stating that as per CDA’s application, the agency while asking CDA to stop construction work on the road, allegedly violated CDA Ordinance’s clause 46 and 46-B.

Civic body accuses environment watchdog of creating hurdles in its work; EPA official claims no notice received from magistrate

In its plea, CDA argued that through an illegal order, the EPA directed CDA to stop construction of Margalla Avenue and while issuing the order/letter, the EPA has “relied on the incorrect interpretation of the provisions of Section 12 of Environment Protection Act, 1997”.

“It is informed that contents of the letter under reference are in contradiction to the Master Plan of Islamabad. This will hinder the implementation of the master plan of Islamabad. The master plan has approval of the federal cabinet and protected under the provisions of CDA Ordinance, 1960. The above order of EPA is an attempt to restrict CDA in implementing its legislative duty under Sections 12-15 of the ordinance”, the application stated.

A few days ago, through a notice, the CDA asked the Pak-EPA to withdraw the letter as it was contradictory to provisions of the CDA Ordinance, 1960.

“Earlier, on same alignment, a road already exists. Now within the same Right of Way (ROW), Margalla Avenue is being constructed in accordance with the original Master Plan mentioned in the Islamabad Zoning Regulations of 1992.

“It is further pointed out that proviso of Rule 4 of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Rules, 1983 mandates that no action will be taken which is contradictory to the Master Plan and the Authority of CDA”, the application stated, adding CDA initiated the construction of Margalla Avenue from G.T. Road to D-12, in the Phase-1, as per alignment given in the Master Plan approved by the federal cabinet in 1960.

“This road also provides access to the residential Sectors, D-12, C-13, C-14, C-15 & C-16, and Margalla Hills National Park itself”, read the application.

A few days ago, the Pak-EPA issued protection orders, directing the CDA to immediately stop the work, as it is being done without Environment Impact Assessment (EIA) while a portion of the road also falls in the limits of the national park, the Pak-EPA stated.

A CDA official, in response to the Pak-EPA’s letter stated that the civic agency has already paid a Rs1 million fine for starting work without EIA.

On the other hand, when contacted, an officer of Pak-EPA, requesting not to be named, said: “We have not received any notice of magistrate court being referred by you. When we receive it we will comment,” adding that under section 12 of EPA Act no proponent shall commence any project/construction without prior approval of EPA. Protection orders to halt construction work of Margalla Avenue was issued under section 16-1 of the Act of EPA, which allows the environment protection body to take this action, he said.

“We did nothing wrong and we will continue taking action to protect environment. As per record, the road will cross through national park and will disturb natural environment,” the officer said.

Published in Dawn, December 28th, 2021