KARACHI: The Karachi Metropolitan Corporation (KMC) has been restrained from the 'likely' chopping down of as many as 1,400 trees in a park in Clifton to make room for billboards.
A division bench of the Sindh High Court also issued notices to the provincial chief secretary, the provincial environmental protection agency and the KMC administrator to submit their comments regarding the likely cutting of the trees by September 16.
The bench, comprising Justice Sajjad Ali Shah and Justice Shaukat Ali Memon, passed a temporary stay order on a constitutional petition filed by the residents of the locality against the likely cutting of the trees in front of the Dolmen City.
The petitioners - Luqman Qadri and Abid Ali Syed - had taken the authorities to court over their plan to chop down the trees in sheer violation of the laws and regulations.
They informed the two-judge bench that there is a three-acre piece of land in the Kehkashan KDA Scheme No. 5, which was originally earmarked for the beautification of the city by the defunct Karachi Development Authority. The park is located close to the residence of the petitioners.
The petitioners recalled that back in 2008, the then city and district government of Karachi planted approximately 1,400 trees in the said park, which has improved the aesthetics of the area, as well as its environment. They also produced an aerial image of the park in question.
Barrister Salahuddin Ahmed submitted that a couple of months ago, the petitioners were shocked to observe that the trees on the public road opposite the mall, on the Sea View Road, were being chopped down to provide better visibility for the advertising billboards that were constructed under a lease issued by the local administration.
"Recently, the respondents turned their attention towards the public park and intend to cut down trees on the periphery of the park and install advertising billboards and hoardings in their place and provide commercial parking spaces," the lawyer claimed.
He maintained that the park is apportioned to the benefit of the general public and not to be used for commercial advertising activity, or as a source of revenue for the respondents.
Green lungs
Barrister Ahmed argued that environmental degradation through air pollution is a major cause of respiratory diseases, causing cancer and emphysema in residents of urban settlements. "Karachi, being the largest city of the country, has three million vehicles," he claimed. "Trees produce oxygen and counter the adverse effects of climate change as well as the pollution produced by these vehicles. These green spaces are regarded as the lungs of a city."
The lawyer informed the judges that the park in question is recreational space for the thousands of citizens that visit Clifton every day. He alleged that the officials are more interested in earning revenue through commercial advertisements and parking spaces than they are of protecting the environment.
He argued that the commissions and omissions on the part of the authorities are a violation of the statutory obligations, as well as being unreasonable and blatantly mala fide. This is a violation of Article 9 of the Constitution, the provisions of the Sindh Local Government Act 2013, the Karachi Building and Town Planning Regulations 2013 and the Sindh Plantation, Maintenance of Trees and Public Parks Ordinance 2002, he contended.
The petitioners, through Ahmed, pleaded to the court to restrain KMC authorities from cutting down the trees and allowing the installation of commercial billboards in their place. It was also requested to order the KMC take steps to protect the public park, including its trees.
Don't cut them down
After hearing the initial arguments, the bench issued notices to the chief secretary, the KMC administrator, the Sindh Environmental Protection Agency DG and the advocate-general for September 16 to file their comments in this regard. "Till then, the respondents are restrained from cutting down the trees on the three-acre amenity plot in front of the Dolmen mall," ordered the head of the bench, Justice Sajjad Ali Shah.
Published in The Express Tribune, September 6th, 2014.
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