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SC to hear housing scheme case today
By Asim Hussain
ISLAMABAD—The Supreme Court will Thursday the case of Islamabad Chalets,
a housing scheme located only a few kilometers from the boundary of
Margalla Hills National Park.
Chief Justice Iftikhar Muhammad Chaudhry Tuesday took suo moto notice of
the ongoing construction of Islamabad Chalets because of environmental
concerns. He ordered registration of a petition about the issue under
Article 184 (3) of the Constitution and ordered all concerned parties to
appear before the court at the hearing.
The order was issued on the basis of a report prepared by Justice Javed
Iqbal about the environmental implications of the project in the light
of articles published in the press.
The parties were asked to appear and explain as to why, pending a
decision on the petition, an interim order may not be passed restraining
any further construction activity on the site or any related work in the
area.
Notices have been issued to the Chief Secretary, NWFP, the Chairman of
Capital Development Authority, Director General of Pakistan
Environmental Protection Agency, and the owners and contractors of the
project as well as to the Advocate General NWFP and the Federal Attorney
General.
Justice Iqbal's report says that the Margalla Hills National Park is an
important ecological preserve and an integral part of Islamabad and
lends the Capital the unique characteristic of its beautiful
environment. Islamabad Chalets on Margalla Hills is the first housing
scheme and likely to open the way for more such schemes, seriously
threatening the environment of the area due to increase in traffic on
the already congested narrow road and adding to the noise pollution and
waste generation.
The site of the scheme falls in the catchments area of Khanpur Dam,
which is one of the main sources of the supply of water to Rawalpindi
and Islamabad.
The development will cause damage to the water reservoir through heavy
flow of silt, sewer and other pollutants, the report says. This will not
only cause a speedy silting of Khanpur Dam but also deteriorate the
water quality, which would result in health hazards to the citizens of
Rawalpindi and Islamabad.
It is also clear that there will be no access to this housing scheme
from Islamabad except a road, which goes through the Margalla Hills
National Park, thereby directly impacting the environment of this
protected area.
Moreover, the Government of NWFP confirmed to the Pakistan Environmental
Protection Agency that neither any permission nor NOC was granted for
the Chalets and that the project would have serious trans-province
impacts. Based on that the EPA issued notices to the owners of related
constructing parties that appeared in the press also.
Subsequently the EPA approved the Initial Environmental Examination (IDD)
of the project and issued an NOC, the basis of which "is unlawful
because the conditions imposed is eyewash and unrealistic that can never
be complied with," the report says. This NOC has been issued without
having carried out an Environmental Impact Assessment under section
2(xi) read with section 12 of the Pakistan Environmental Protection,
Act, 1997 (PEPA), the report adds.
Even otherwise and even in the absence of any statutory safeguards, the
construction of a housing scheme in the area could not have been perThe
report underlines that the destruction caused by the recent earthquake
is a reminder, if one was needed, that development and construction in
disregard of environmental concerns could wreak havoc and cause immense
loss of life and property. |