Pruning urban growth: Peshawar High Court comes to Galiyat’s rescue

Forms commission to probe violations of building regulations after govt fails to constitute ‘master plan’.

PESHAWAR:

It is the government’s fundamental responsibility to conserve the environment of the country and look after natural scenic attractions. On the contrary, a complete lack of government attention in Galiyat, Abbottabad was slowly stripping the environment till the Peshawar High Court (PHC) intervened. Even now, the government has left urban planning in Galiyat on the backburner, forcing the high court to push matters forward.

Mushroom growth

Multi-storeyed buildings belonging to influential bureaucrats, politicians and retired officials have sprung up across the valley, violating building codes and stifling the picturesque environment.



The PHC sprung into action when Shamsi Builders participated in an open bidding to lease four kanals of land in Donga Gali for a commercial venture. Wanting to develop a tourism complex, the company submitted its building plan for approval to the Galiyat Development Authority (GDA), which the authority refused. Shamsi Builders then approached the PHC in 2012.

Building codes

According to Section 2 of the GDA Amendment Act 1999, covered area of any plot, whether residential or commercial, shall not exceed one-third of the total area of the plot. No residential building shall be of more than two stories and the covered area of the top storey shall not exceed half of the covered area of the edifice.

During the Shamsi Builders’ case, it was learnt three-storey complexes are prohibited by law. One report informed the PHC that 42 buildings violated regulations while another report added 21 to the tally. The court was forced to order a thorough investigation into the matter.

Sizing up

The PHC directed the director general of the National Accountability Bureau (NAB) to examine the record of GDA and inspect all multi-storey buildings in Galiyat. It further instructed him to investigate officials who allowed the construction to go forward, and book all the offenders under relevant law.



Former PHC chief justice Dost Muhammad Khan banned the allotment of plots in Galiyat on November 7, 2013 and directed the Khyber-Pakhtunkhwa (K-P) chief minister to constitute a committee and prepare a ‘Master Plan’ within the shortest possible time.

On June 3, NAB deputy prosecutor general informed the court that 42 buildings violate regulations. On September 22, GDA clarified its position on each of the 42 buildings and highlighted 21 other violations.

However, since then little has been done by the government about the said master plan.

Court’s directives

“What we have noticed is a sorry of state of affairs of all relevant authorities reposed with the trust and legal authority to protect and preserve our environmental reserves and the beauty of Galiyat,” reads the court order written by Justice Yahya Afridi on October 14.

“Chaudhry Shahid from Punjab, purporting himself to be a close friend of a political figure, had begun extensive excavation at Koza Gali without requisite approvals from the GDA. He defied all efforts of GDA to stop the illegal activity,” adds the court order.

The order further added the court cannot turn a blind eye to the violations and the damage committed or accept the lukewarm response of the local administration.

Keeping in view the sensitivity of the matter, the court formed a commission tasked to submit a report on the latest status of the Master Plan of Galiyat, including its purpose, date of preparation, any modifications at a later stage and details of violation if any. The commission is also directed to investigate the status of building regulations and scrutinise all 63 violations pointed out by NAB and GDA. Its first meeting is scheduled for November 10.

It further tasked the commission to identify any shortcomings in the Master Plan and building regulations, suggest amendments for conservation as well as steps to reverse the damage already committed in the area.

Published in The Express Tribune, October 27^th, 2014.