Metro bus project: Senator, MNA move apex court to void project

Mushahid Hussain, Asad Umar argue that the project violates multiple constitutional provisions, Islamabad bylaws.


Hasnaat Malik May 10, 2014
A palm tree which was uprooted to make way for metro bus project is being transported. PHOTO: INP

ISLAMABAD:


Two representatives of opposition parties have approached the Supreme Court to declare the metro bus project illegal under a host of constitutional provisions.


PML-Q Senator  Mushahid Hussain and Islamabad MNA Asad Umar of the PTI have jointly moved a petition through Athar Minallah under Article 184 of the constitution, with the Cabinet secretary, Pakistan Environmental Protection Agency (Pak-EPA), Punjab Environmental Protection Department, Capital Development Authority, Rawalpindi Development Authority, the Government of Punjab, the Rawalpindi commissioner and National Engineering Services Pakistan listed as respondents.

They have requested the apex court to restrain the provincial and federal governments from proceeding further with the project till a verdict is given on the petition as they claim the project is in violation of the Master Plan of Islamabad, along with the Pakistan Environmental Protection Act, the Capital Development Authority Ordinance, The Public Procurement Regulatory Authority Ordinance, the Public Procurement Rules, Fiscal Responsibility and Debt Limitation Act and other laws.

It is also requested that a committee of experts and public representatives should be constituted to examine the EIA submitted by the proponents and submit a report to this court regarding the adverse environmental effects and making recommendations after meaningful and purposive consultation with experts and stakeholders.

The petitioners expressed apprehension that future generations will suffer irreparable losses if the project is allowed to proceed in violation of laws, adding that the green belts are being destroyed and trees felled with adverse environmental effects.

Jurisdiction

They stated that the project for Islamabad was planned and approved by the Punjab government, despite being a separate and distinct territory under Article 1 of the constitution, having no jurisdiction under the constitution and the CDA Ordinance.

Environment

The 23.4 km long project costing Rs44 billion was planned and formally approved by the Punjab cabinet in a meeting held on February 1, 2014. In the same meeting, it was announced that the project will be inaugurated on February 28, 2014. Neither had the CDA had given approval for such a project, nor were the mandatory requirements under the Pak-EPA Act complied with, the petition says.

The petition contended that the manner in which the ‘Metro Project’ has been conceived, planned and executed is without jurisdiction and in flagrant violation of the law.

The representatives of capital further says that the Punjab government has no jurisdiction to plan and approve the ‘Metro Project’ within the territorial limits of the Federal Capital Territory of Islamabad, adding that CDA  has also no jurisdiction to execute the ‘Metro Project’ within Islamabad nor is such jurisdiction vested under the Ordinance, 1960.

“No project…can be initiated in violation of the provisions of the Pak-EPA Act, rules, regulations and guidelines framed or issued there under Section 12 of the act,” it adds.

It is also stated that no consultation and participation has been undertaken or held in accordance with law.

The petition requested the SC to declare that all the respondents, particularly Pak-EPA, has a statutory obligation to strictly implement and enforce the provisions of the Pak-EPA Act and no project can be initiated until an environmental impact assessment has been prepared, reviewed with meaningful and purposive consultation and participation of experts and stakeholders within the legal guidelines.

It further pleaded to the court to order the Rawalpindi Development Authority to proceed in accordance with the Islamabad Master Plan and formulate schemes as provided under the CDA Ordinance and initiate projects after approval from the Punjab Environmental Protection Department.

Financing

The petition states that the loan obtained for the ‘Metro Project’ is in violation of Fiscal Responsibility and Debt Limitation Act. The loan for the project will be spent and utilised without complying with mandatory PPRA requirements as it has previously been announced that the buses and equipment will be acquired in violation of procurement rules, the petition adds.

Published in The Express Tribune, May 11th, 2014.

COMMENTS (5)

Imran | 9 years ago | Reply

only main concern with metro buses is that they will be non profit entity and will require continuous government fundings, at one side government is selling all national institution and on the other funding for mere 100 buses

Mubeen | 9 years ago | Reply

@usman786 Brother i think infrastructure should be the main priority. Main reason for taking loans is that by printing that much money inflation rate would have doubled its basic economics

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