Court lifts stay on Kalma Chowk flyover

LHC asks govt to present traffic management plan in court.

LAHORE:


A division bench of the Lahore High Court on Monday allowed the Punjab government to continue construction of a flyover at Kalma Chowk. The bench headed by Justice Umar Ata Bandial held that there was no evidence that the project would cause environmental damage, so it should be allowed to proceed in the public interest.


The bench, however, directed the provincial government to submit an “integrated traffic plan” for the city by May 24, the date of the next hearing.

The LHC on March 24 stayed the construction of the project after it was challenged by environmental groups on the grounds that it was started without an environmental impact assessment (EIA) report.

However, the respondents submitted an EIA report to the court on Monday.

Advocate Ahmed Rauf, representing the government, submitted that the flyover would actually halve noise and air pollution at Kalma Chowk by reducing traffic congestion. He said there would be 100 per cent more greenery at the spot after the completion of the project.

Appellant counsel Rafay Alam submitted that there were many other chowks where frequent traffic jams take place, like Qurtaba Chowk and Canal Road.


He asked why the Punjab government was exclusively making a flyover at Kalma Chowk. He said that the project was not tendered before the National Logistics Cell was awarded the contract to build it.

At this, the court asked both parties to come to the next hearing better prepared. The court also directed the government to submit its plan to control traffic all over the city and the priority of the Kalma Chowk project in that plan.

Additional Advocate General Muhammad Hanif Khatana submitted that the court could fine the government if it had violated environment laws.

Justice Bandial said that in that case, the court would not fine the government but halt the project.

On March 14, Chief Justice Ijaz Ahmad Chaudhry dismissed a writ petition challenging the Kalma Chowkl flyover. The petitioners challenged the decision through an intra court appeal, filed by the Lahore Conservation Society and others.

The petitioners had challenged the Kalma Chowk flyover project on the grounds that the authorities violated provisions of the Pakistan Environment Protection Act (PEPA) 1997 and Procurement Rules before approving the project.

According to the appeal, dozens of trees have been cut down for the project, devastating the biodiversity of the area.

Published in The Express Tribune, April 12th, 2011.
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