PTI leader demands hearing of his pending petition with SC against Metro, highlighting many issues relating to violations of capital’s master plan, environmental protection laws and issues related to lack of transparency in procurement and execution of project
Pakistan Tehrik-e-Insaaf (PTI)’s leader Asad Umar has urged the Supreme Court of Pakistan to hear his petition against the construction of Metro Bus Service in the capital city which is pending with the apex court for the last nine months.
Talking to Pakistan Today, Umar said that SC’s judgment of directing the Capital Development Authority (CDA) to replant the uprooted plants due to construction of Metro Bus was a welcome decision but his pending petition has raised more serious questions about the project which should be judged by the apex court as well.
The SC on Tuesday, hearing the petition of Senator Mushahid Hussain, has ordered the concerned authorities of the twin cities to ensure the replanting of trees and repair of damaged footpaths and roads during the course of construction of multibillion rupees project of Metro Bus Service.
“In our petition, we raised many issues relating to violations of capital’s master plan, environmental protection laws and the issues related to lack of transparency in procurement and execution of the MBS,” Umar said.
In his petition, Umar had requested the SC to declare the Metro Bus Project illegal and ultra vires of PEPA 1997, CDA Ordinance 1960, PPRA 2002, PPR 2004 and the Fiscal Responsibility and Debt Limitation Act 2005.
“Though my petition is not of much consequence, given that the project is near completion now but as a representative of the citizens of Islamabad, I feel it my obligation to expose the day light robbery committed by the government with the tax payers’ money,” he further said.
“Justice delayed is justice denied and I wish the Supreme Court should have heard my petition in time to save this huge loss caused to national exchequer in the name of MBS by the PML-N government,” the PTI leader bemoaned. He also said that he was not aware of the reason as to why the petition of Senator Mushahid was heard and why his petition was not heard by the Supreme Court.
“Ather Minullah, my lawyer at the time of filing the petition who is now an honourable judge of Islamabad High Court, had assured me that as a legitimate stakeholder in the matter, my petition should be heard by the Supreme Court but it was not unfortunately,” he recalled.
In his petition, the federal government through the cabinet secretary, Pakistan Environment Protection Agency (EPA), the environmental protection department of Punjab, the Capital Development Authority (CDA), the Rawalpindi Development Authority (RDA), the government of Punjab through its chief secretary, Rawalpindi commissioner and the National Engineering Services of Pakistan (NESPAK) were named as the respondents.
He alleged that in flagrant violation of the law and violating fundamental rights, work was not only initiated by the RDA within the territory of Islamabad but also the 9th Avenue and its greenbelts were dug up and the trees along the avenue fallen.
He further contended that the federal capital territory, under Article 1 (2b) of the Constitution, was a distinct and separate territory of Pakistan. The CDA Ordinance 1960 established the CDA for exclusively making arrangements for the planning and development of the city.
“It was the statutory obligation of EPA to have enforced the provisions of Pakistan Environment Protection Act (PEPA) 1997 before the Metro Bus Project was initiated, the petitioners said, adding the public hearing held on May 3, 2014, was mechanical and a perfunctory ritual in violation of the law since the hearing was held only after the work had already been initiated,” he added.
He claimed that the loan obtained for the project was spent and utilised without complying with the mandatory requirements of the Public Procurement Regulatory Authority (PPRA) Ordinance 2002 and the Public Procurement Rules (PPR) 2004.
However, Senator Mushahid Hussain has welcomed the decision of the Supreme Court and hoped that the authorities concerned will implement the judgment in letter and spirit.
