SHC disposes of KMC appealSeptember 16, 2014
KARACHI: The Sindh High Court (SHC) on Wednesday disposed of an appeal filed by Karachi Metropolitan Corporation (KMC) through which it challenged SHC’s single bench order that barred Bahria Town from carrying out construction work on a flyover and two underpasses in Clifton area.
On April 29, a single bench of the SHC had allowed the lawsuit filed by DHA while ruling that all construction in relation to the project be immediately stopped. The bench had asked the KMC to obtain a mandatory environmental impact assessment report from the Sindh Environmental Protection Agency on the project.
KMC filed high court appeal challenging the SHC’s single bench order that restrained Bahria Town from carrying out construction on a flyover and two underpasses at Clifton area.
Farooq H Naik, who represented KMC, submitted that the Clifton traffic project would help easing traffic congestion around the area of Park Towers and the shrine of Hazrat Abdullah Shah Ghazi.
He said huge investment had been made in the project and entire excavation and a major portion of the work had been completed, adding that suspension of the work following the SHC orders was causing not only great inconvenience to the public but also a colossal loss to KMC. Besides, he said, a lot of hardship was being caused to commuters due to the suspension of the work.
Abid Zuberi on behalf of DHA said that KMC’s appeal has become infructuous as it has obtained EIA report on the project in compliance of the court’s order. It should approach SHC’s single bench for vacation of stay order on the construction work.
Earlier on September 02, a division bench headed by Justice Nadeem Akhtar had reserved verdict on appeal after hearing arguments from both sides.
Three-page verdict announced by the bench disposed of the appeal of KMC for having become infructuous. It said, after passing of the impugned order dated April 29, the appellant approached Sepa for EIA approval which was subsequently granted and it had already filed an application in lawsuit for vacation of stay order on the construction work which was pending disposal.
“The question whether the stay order granted through the impugned order is liable to be recalled or not can only be decided now in the lawsuit on the said application”, the order said.