Controversial tunnel project: Government finally comes out of the closet

Federation’s lawyer admits that the plan is under consideration.

ISLAMABAD:

After keeping the parliament, judiciary and public in the dark for two weeks, the government has finally admitted that the controversial Margalla Hills tunnel project is “under consideration”.

The federation’s lawyer on Wednesday informed the Supreme Court that the project was being considered.

The project will only be developed if found environmentally, socially, technically and financially feasible, federation’s attorney Shah Khawar stated, while submitting a reply on behalf of the National Highway Authority (NHA), before a three-judge bench.



The attorney assured the bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, that “no step would be taken which might lead to compromising the spirit of the protected Margalla Hills National Park.”

The attorney said that there was no plan to start work on the project until completion of a comprehensive and detailed feasibility study for developing a Pak-China Economic Corridor which includes digging a tunnel through Margalla Hills among other options under consideration.

It will be ensured that consultants undertake the feasibility study in accordance with the Pakistan Environmental Protection Act, 1997, and all other federal and provincial environment laws in Pakistan, the reply stated.

The attorney also made it clear that NHA had not received any direction from the government in this regard. However, while considering various options of alignment of the corridor from Khunjerab to Gwadar, the tunnel was also discussed at the NHA.

“You (federal government) can go ahead with your plan but the environment and ecological aspects must be considered,” the chief justice observed, adding all over the world, environmental and ecological heritages were preserved so it was better that NHA should opt for options other than digging the tunnel.



The court also asked the counsel to submit a map of the National Park area. “We are not supposed to make policies but we have to consider the relevant laws,” observed Justice Jawwad S Khawaja, adding that the map would tell us the area that is protected in the Margalla Hills and National Park.

The chief justice also emphasised that the controversy should first be resolved. The court adjourned the case for two weeks.

Former bureaucrat Roedad Khan informed the court that the matter is not as simple as it seems from the government’s reply. He alleged that powerful land developers had already purchased land along the proposed route and adjoining areas including Haripur.

Justice Chaudhry said digging out a tunnel through the hills was not a matter of concern for the court but violation of laws governing the protected area were.

The government on the floor of the lower house of the parliament had denied the plan. “There is no proposal (construction of the Margalla tunnel) under consideration nor has the government issued any direction to this effect,” Minister for Parliamentary Affairs Sheikh Aftab Ahmed had said, while addressing the National Assembly recently.

Also during the last hearing, the federation’s counsel had asked the court to rely on the Capital Development Authority’s (CDA) reply over the issue. The CDA in its reply had also denied the existence of the project.

Published in The Express Tribune, October 10^th, 2013.