Issue of one-way Khayaban-e-Shamsheer referred to larger bench
Supreme Court comes down hard on provincial govt, DHA for delay in developmental projects
Punjab Chowrangi has been dug up for months for the construction of an underpass. PHOTO:PPI
KARACHI:
The provincial government and Defence Housing Authority (DHA) Karachi officials drew the Supreme Court's (SC) ire on Tuesday over causing inconvenience to the public due to delays in construction of the underpass at Punjab Chowrangi and conversion of the two-way Khayaban-e-Shamsheer thoroughfare into a one-way road.
The apex court's two-judge bench, comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah, took exception to the DHA's performance of not repairing various roads even a year after they were dug up.
The judges had taken up a petition filed by the DHA against the Sindh High Court's (SHC) decision to revert two thoroughfares - Khayaban-e-Mujahid and Khayaban-e-Shamsheer - from one-way carriage back to a two-way, as mentioned in the upscale neighborhood's master plan.
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In March, 2013, the apex court had suspended the operation of the high court's judgment, preventing the one-way roads from being reverted back to dual carriage roads.
When the matter was taken up on Tuesday, the bench was informed that different streets were dug up as part of the conversion of Khayaban-e-Shamsheer from a two-way road to a one-way carriage. The construction company had failed to repair those streets due to which the area residents were experiencing traffic jams.
The SC was informed that traffic jams were also routine at Punjab Chowrangi, where work on the underpass was being carried out at a slow pace.
The entire city has been turned into a dump of filth, Justice Ahmed remarked. He inquired from the lawyers representing the DHA and provincial government as to how long the roads would remain dug up for.
The apex court's judge inquired whether the residents would ever be able to travel with ease on the roads in the city. Coming down hard on the DHA authorities over the inconvenience being endured by people for one year due to its failure in getting the damaged roads repaired, the judge remarked that DHA's performance did not match its big name. The bench remarked that the problem would probably be resolved after a colonel or brigadier would wake up.
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Justice Shah inquired from the lawyers whether the flyover constructed by the DHA at the Main Gizri Road had caused any ease in the traffic congestion, as people were still experiencing traffic jams due to construction work on the underpass. The judge remarked that the underpass project was facing delays in completion probably because it had been launched by the provincial government.
Justice Shah also observed that a public park at Punjab Chowrangi had been turned into a dumping site for the debris due to the delay in the construction of the underpass.
The bench separated the matters relating to Khayaban-e-Shamsheer and Khayaban-e-Mujahid. It directed the office to refer the matter of Khayaban-e-Shamsheer to a three-member larger bench to hear and decide the fate of the two-way thoroughfare's conversion from a one-way carriage.
Case history
In December 2011, the DHA had converted two roads - Khayaban-e-Mujahid and Khayaban-e-Shamsheer - to a one-way carriage to 'ease traffic woes' and reduce environmental and noise pollution in the upscale neighbourhood. But some of the residents were not pleased with the move and at least a hundred of them took the matter to the SHC in April, 2012.
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The residents argued that the authority had gone through with the conversion without making changes to the master plan, according to which the two thoroughfares were supposed to be two-way streets.
Taking all of this into account, the high court's division bench had ordered the DHA to revert the two thoroughfares back to two-way roads. However, the high court left the provision that if the conversion of roads into one-way streets was in the public's interest, then changes should be made in the master plan.
Unhappy with the decision, DHA moved the apex court, arguing that Karachi's DHA was one of the largest neighbourhoods in the country as it had been expanded from 76 acres to a whopping 8,850 acres.
It was argued that the upscale neighborhood now had 37,000 residential and 10,000 commercial plots. It had maintained that the volume of traffic in the neighbourhood had spiked as the road network in the area had exceeded 446 kilometres following the execution of major development projects in Phases VI, VII and VIII.
The authority had maintained that a consultancy, National Engineering Services Pakistan was requested to address the traffic bottlenecks at Khayaban-e-Shamsheer and Khayaban-e-Mujahid and that consultancy firm recommended turning the two thoroughfares into one-way roads. The conversion was carried out after the governing board's approval in December, 2011, the DHA informed the apex court.
The provincial government and Defence Housing Authority (DHA) Karachi officials drew the Supreme Court's (SC) ire on Tuesday over causing inconvenience to the public due to delays in construction of the underpass at Punjab Chowrangi and conversion of the two-way Khayaban-e-Shamsheer thoroughfare into a one-way road.
The apex court's two-judge bench, comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah, took exception to the DHA's performance of not repairing various roads even a year after they were dug up.
The judges had taken up a petition filed by the DHA against the Sindh High Court's (SHC) decision to revert two thoroughfares - Khayaban-e-Mujahid and Khayaban-e-Shamsheer - from one-way carriage back to a two-way, as mentioned in the upscale neighborhood's master plan.
SC seeks master plan of Karachi
In March, 2013, the apex court had suspended the operation of the high court's judgment, preventing the one-way roads from being reverted back to dual carriage roads.
When the matter was taken up on Tuesday, the bench was informed that different streets were dug up as part of the conversion of Khayaban-e-Shamsheer from a two-way road to a one-way carriage. The construction company had failed to repair those streets due to which the area residents were experiencing traffic jams.
The SC was informed that traffic jams were also routine at Punjab Chowrangi, where work on the underpass was being carried out at a slow pace.
The entire city has been turned into a dump of filth, Justice Ahmed remarked. He inquired from the lawyers representing the DHA and provincial government as to how long the roads would remain dug up for.
The apex court's judge inquired whether the residents would ever be able to travel with ease on the roads in the city. Coming down hard on the DHA authorities over the inconvenience being endured by people for one year due to its failure in getting the damaged roads repaired, the judge remarked that DHA's performance did not match its big name. The bench remarked that the problem would probably be resolved after a colonel or brigadier would wake up.
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Justice Shah inquired from the lawyers whether the flyover constructed by the DHA at the Main Gizri Road had caused any ease in the traffic congestion, as people were still experiencing traffic jams due to construction work on the underpass. The judge remarked that the underpass project was facing delays in completion probably because it had been launched by the provincial government.
Justice Shah also observed that a public park at Punjab Chowrangi had been turned into a dumping site for the debris due to the delay in the construction of the underpass.
The bench separated the matters relating to Khayaban-e-Shamsheer and Khayaban-e-Mujahid. It directed the office to refer the matter of Khayaban-e-Shamsheer to a three-member larger bench to hear and decide the fate of the two-way thoroughfare's conversion from a one-way carriage.
Case history
In December 2011, the DHA had converted two roads - Khayaban-e-Mujahid and Khayaban-e-Shamsheer - to a one-way carriage to 'ease traffic woes' and reduce environmental and noise pollution in the upscale neighbourhood. But some of the residents were not pleased with the move and at least a hundred of them took the matter to the SHC in April, 2012.
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The residents argued that the authority had gone through with the conversion without making changes to the master plan, according to which the two thoroughfares were supposed to be two-way streets.
Taking all of this into account, the high court's division bench had ordered the DHA to revert the two thoroughfares back to two-way roads. However, the high court left the provision that if the conversion of roads into one-way streets was in the public's interest, then changes should be made in the master plan.
Unhappy with the decision, DHA moved the apex court, arguing that Karachi's DHA was one of the largest neighbourhoods in the country as it had been expanded from 76 acres to a whopping 8,850 acres.
It was argued that the upscale neighborhood now had 37,000 residential and 10,000 commercial plots. It had maintained that the volume of traffic in the neighbourhood had spiked as the road network in the area had exceeded 446 kilometres following the execution of major development projects in Phases VI, VII and VIII.
The authority had maintained that a consultancy, National Engineering Services Pakistan was requested to address the traffic bottlenecks at Khayaban-e-Shamsheer and Khayaban-e-Mujahid and that consultancy firm recommended turning the two thoroughfares into one-way roads. The conversion was carried out after the governing board's approval in December, 2011, the DHA informed the apex court.