The Sindh High Court (SHC) on Friday granted stay order against the Sindh Environmental Protection Agency (Sepas) decision to approve the controversial mega traffic project that included construction of a flyover and two underpasses in Clifton area.
A division bench headed by Justice Sajjad Ali Shah issued notice to Sepa director general, Karachi Metropolitan Corporation (KMC) administrator and Bahria Town chief executive to respond on a petition of Defence Housing Authority (DHA) challenging Sepas environmental impact assessment (EIA) report that accorded its approval to the project.
The counsel for DHA submitted that DHA had filed a lawsuit impugning the Bahria Towns mega traffic project launched in Clifton area.
A single bench of the SHC had allowed the DHA’s lawsuit while ruling that all construction work in relation to the project be immediately stopped. The bench had asked the KMC to seek a mandatory environmental impact assessment (EIA) report from Sepa on the project.
He submitted that following the court directives, the KMC approached the Sepa to obtain a mandatory environmental impact assessment (EIA) report on the project. Subsequently, Sepa accorded its approval to the project on August 05.
The counsel told the judges that during a public hearing on project DHA officials, residents and representatives of Hindu community raised their objections to the project as the project encroached upon the Jehangir Kothari Parade, a heritage site and also caused damage to the historical structures of Sri Ratneshwar Mahadev Temple and Hazrat Abdullah Shah Ghazi shrine in the vicinity.
But their objections were not taken into account prior to issuance of EIA report. Sepa issued EIA report without complying with provisions of Environment Protection Act 1997 and other related environment laws.
The counsel said that report was based upon incorrect facts and figures and insufficient data. Besides, the major stakeholders were not consulted nor their objections were considered.
The petitioner requested the court to declare the EIA report as illegal and set aside it.
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