Petitioner’s counsel says incorrect documents attached, raises questions on EIA report. PHOTO: FILE
During the hearing on a petition challenging the construction of the Bus Rapid Transit (BRT) project before the Peshawar High Court (PHC) on Wednesday, Jamiat Ulema-e-Islam Fazl (JUI-F) leader Amanullah Khan’s lawyer raised questions about the environment report and the government’s decision to go ahead with a beautification drive on the routes for the project.
“They have dug up the entire city; all those trees and grass planted at the cost of billions of rupees have now been uprooted,” argued Isa Khan, the lawyer for Amanullah — the petitioner, before the two-member bench comprising Chief Justice Yahya Afridi and Justice Ijaz Anwar.
He contended that the Khyber-Pakhtunkhwa (K-P) government knew exactly where the BRT would be built since a feasibility for the project had been finalised in 2014. However, the government went ahead to spend public money on beautification projects across the city — which were destroyed just two years later to make way for the project, reflecting poor planning by the government.
The court was told that even the well-educated residents of the provincial capital are clueless over the government’s measure.
Questioning the planning for the project, Isa told the court that it seems that the K-P government was totally clueless about the project’s environmental consequences and the toll it would have on the city’s beautification project as he alleged that even the Environmental Impact Assessment (EIA) report of the project was prepared after it was launched.
“No information has been shared with the public, and whatever has been shared is not correct,” the petitioner added.
“No one in the city knows which roads and markets would the BRT project pass through and who will be affected due to the project,” Isa contended, adding, “Section 4 [government imposing jurisdiction to procure land] has yet to be imposed for acquiring land for the project.”
Referring to the government’s statements of holding a public hearing about the impact of the project, Isa said that hardly a hundred people turned up the for the July hearing even though the project passes through densely populated centres of the city.
The lawyer also raised objections over the public notice published by the provincial government.
He also questioned the legality of contractors working on the project.
“No agreement has been signed with the contractor, so under what authority or law were they carrying out the work,” argued Isa.
“They have attached only the ‘letter of reward’ of the project with the documents which cannot be considered as a contract letter,” the lawyer contended. He added that previously the government had promised to award the contract to three different companies on three different sections of the project. But now, Isa argued, it seems the government had retracted from its commitment and had awarded the contract for all three parts of the project to a single company.
No NoC
The lawyer further argued that the BRT project is expected to pass through the cantonment areas.
After the army raised some concerns over the project, the provincial government has to alter the plans, but have they have yet to obtain a no-objection certificate from the army.
No district input
Isa noted that since Peshawar is a district Council, under article 140-A the Constitution, the district council has to be included in all urban planning, transport, mass transit systems, environmental degradation issues.
However, Isa pointed out how the EIA report for the project shows that no one from the district was included in the preparation of the feasibility report.
The court adjourned the case till November 21 and directed K-P Advocate General Abdul Latif Yousafzai to appear before the court.
Published in The Express Tribune, November 16th, 2017.
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