LAHORE – A Lahore High Court (LHC) division bench on Monday allowed the Punjab government to continue construction of the Kalma Chowk flyover terming it in the public interest. The bench headed by Justice Umar Ata Bandial was hearing petitions filed by the Lahore Conservation Society and others. The bench observed that no environmental problems will arise from continuing the project due to which the construction should continue in the public interest.
The bench directed the provincial government to submit an integrated traffic plan of the city until May 24, the next date of hearing. The LHC on March 24 had stopped construction on the project on a plea that the Punjab government was carrying out the project without obtaining an environmental impact assessment (EIA). On Monday, Punjab government’s counsel Ahmed Rauf submitted that construction of the flyover was in the public interest. He said after construction of the flyover, 50 percent noise and air pollution will decrease, which was due to congestion of traffic at the chowk. Rauf said that there will be 100 percent greenery at the spot after completion of the project.
He said that the project was initiated to reduce traffic congestion. Petitioner’s counsel Rafay Alam submitted that there are so many other chowks where frequent traffic jams take place including Qartaba Chowk and Canal Road. He asked that why the Punjab Government was exclusively making a flyover at Kalma Chowk? After hearing Alam’s arguments, the court issued directions to the Punjab government to submit a plan to control the traffic congestion of the city.
Punjab additional advocate general Hanif Khatana submitted that the court could impose penalty if the prior NOC is not taken for continuing the project. Justice Bandial observed that in case of imposing penalty, the project also will be stopped. The petitioners had challenged the Kalma Chowk flyover project on the grounds that provisions of Pakistan Environment Protection Act (PEPA) 1997 and Procurement Rules had been violated by the authorities concerned before approving the project.
They said that the construction of the project resulted in cutting of dozens of plants and trees, devastating the biodiversity of the area. The petitioners said that the procedure prescribed by the PEPA and rules of Environment Impact Assessment (EIA) required full exercise of precautionary principle and public participation, which was enshrined in Principle 10 of the Rio Declaration.
They requested the court that the order of the single bench be set aside and the sanction of the project declared illegal and in violation of the provisions of the Pakistan Environment Protection Act, 1997 and the Punjab Procurement Rules, 2007. A single bench consisting of LHC Chief Justice Ijaz Ahmed Chaudhry on March 14 dismissed the petition and asked the counsel, “Why are you opposing the flyover? Do you want people to remain stuck on roads for hours?” The petitioners had challenged the single bench decision through an intra court appeal.
