A division bench, comprising Justices Sajjad Ali Shah and Shaukat Ali Memon, reserved its order after hearing arguments from lawyers representing the petitioner Defence Housing Authority (DHA), the Karachi Metropolitan Corporation (KMC), the Bahria Town and provincial government law officer.
Work on the project was suspended in April when a fight between two real estate developers - Bahria Town, the project's financer, and DHA, its countrywide competitor - over the construction's impact on the environment landed the matter in court. DHA had challenged the EIA's approval accorded by the Sepa to the project, comprising two underpasses and a flyover - from the Park Towers intersection to the AT Naqvi Roundabout.
Initially, it had alleged that the mandatory requirement of obtaining the environmental impact assessment approval before launching the project was not obtained from Sepa, thus the project was illegal.
On April 29, an SHC single bench had stopped constructions and ordered the project's executor - the KMC - to obtain EIA approval and submit the same to the court for further decide the fate of the project.
On KMC’s request, Sepa later approved the project, named grade-separated traffic improvement plan, subject to all mitigation measures recommended in the EIA. The agency also directed the KMC to ensure that no damage or adverse effect was done to the Abdullah Shah Ghazi mazaar, Ratneshwar Mahadev temple, Jehangir Kotari Pavilion and Parade, Lady Lloyd Pier. In case of any damage, the KMC will be responsible for entire rehabilitation work of the inherited buildings and structures.
Published in The Express Tribune, October 3rd, 2014.
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Why has the judgement been reserved? I dont understand why the judges are given this right to reserve judgements. If a case is filed, the proceedings completed, the matter considered, then judgement should be announced. The judges should not be able to delay there judgements just because they dont feel like announcing it.
If this case hadn't been dragged to the courts by stupid DHA, everyone in Defence & Clifton would have been living & driving in peace by now!!
Just because they couldn't tolerate competition by Bahria Town they dragged this non-issue to the court.