ISLAMABAD-The Capital Development Authority has stopped development work on the Bhara Kahu Bypass at a certain portion falling within the territory of Quaid-i-Azam University after Islamabad High Court issued a restraining order in this regard on Tuesday.
Some of the locals complained to The Nation that the machinery is still working on site besides restraining orders issued by the court.
However, when contacted, spokesperson of the civic authority Syed Asif Shah informed that the court order pertained to a certain portion belonging to the university alone, which was stopped immediately and work on the rest of the area continues.
It is pertinent to mention here that the said bypass is a top most priority project of the city managers as Prime Minister Shehbaz Sharif has given a timeline of only three months to complete it.
Justice Mian Gul Hassan Orangzaib of Islamabad High Court heard a writ petition filed by three professors and two associate professors against use of a piece of land of the university for the construction of Bhara Kahu bypass project.
The faculty members’ lawyer Kashif Ali Malik Advocate appeared before the court and pleaded that the project is not only a violation of the master plan of Islamabad but the new alignment of the bypass cuts through the university campus and divides the south side (toward Bhara Kahu) from the north side (toward Margalla).
The CDA counsel Jawad Nazir informed the court that the authority has initiated the project with an agreement with the university management and allotted 225 kanals of land in lieu of 200 kanals of land being utilised for the project.
He informed further that the land given to the QAU is clear from all sort of encumbrances and CDA has already taken the possession of land from the university management to execute the project.
Justice Mian Gul Hassan inquired from the petitioners that isn’t the bypass a public welfare project and will it not benefit the masses. He also questioned whether any building fell under the alignment of this project.
He added further that if the university management had allowed CDA to do the project then we cannot entertain individuals. He said we will call the vice chancellor of the university to take his input over the issue.
Replying to the repeated requests to issue a stay order, he added further that if there is no harm to the buildings of the university then how can the court grant a restraining order against the project.
Kashif Ali Malik Advocate pointed out that besides other legal issues; the project is harming the environment as well because CDA is cutting hundreds of trees coming under the alignment. He also showed pictures in the court.
Justice Mian Gul Hassan inquired from the CDA counsel if the authority carried out an Environmental Impact Assessment before starting the project, who replied that they had obtained approvals from all concerned departments.
However, the answer could not satisfy Justice Mian Gul Hassan, who ordered to stop work over the project till issuance of a no objection certificate from the Pakistan Environmental Protection Agency. The court also ordered the federal government to submit its response in the case.
“Until the next date fixed, no further construction activity shall be undertaken within the boundary of the QAU,”, the short order issued later reads.