ISLAMABAD: The Pakistan Environment Protection Agency (Pak-EPA) and the Capital Development Authority (CDA) are at loggerheads over the construction of Margalla Road and have challenged each other’s jurisdiction.

Pak-EPA through an environment protection order has asked the CDA to immediately stop construction work on the road. In response, the civic agency termed the order illegal, saying it was executing the project in accordance with Islamabad’s master plan which was superior to the mandate of the environment watchdog.

It is “an attempt to restrict the CDA in implementing its legislative duty under Sections 12-15 of the CDA Ordinance. Proviso of Rule 4 of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Rules 1983 mandates that no action will be taken which is contradictory to the master plan and the authority of CDA.”

The CDA is constructing a portion of Margalla Road from Sangjani to D-12 and has already completed half of the work. However, on Dec 16, Pak-EPA issued a protection order, directing the CDA to stop the work as it was being carried out without an environment impact assessment (EIA).

The agency also imposed a fine of Rs1 million on the CDA for carrying out the work without getting the EIA.

Sources said the CDA on Tuesday paid the fine and stated that starting work without EIA was a compoundable matter, adding that the civic agency will implement all environment-related objections as it has already earmarked Rs100m for the environment. However, it will not pay any heed to the EPA regarding the boundary of the road and Zone-III.

They said only around one km patch of the road crossed Zone-III/Margalla Hills but that falls in the permissible area as zoning regulations of 1992 clarified that the boundary of Zone-III starts after the road.

CDA officials said Pak-EPA’s task was to protect environment and ensure implementation of a mitigation plan but not to check the boundary of any area.

On the other hand, the Pak-EPA order stated: “It is important to mention here, administrative plenty has not been paid so far.

Further, the mobilisation of the machinery and ongoing development activities have also been observed by the Pak-EPA within the area of the Margalla Hills National Park.”

It stated that the Pak-EPA director general in exercise of powers under section 16 (2) of the Environment Act 1997 hereby “serves upon you this environment protection order and directs you to close and stop all type of development activities forthwith and compliance of this order shall be submitted to this agency. Failure to comply with the instant order shall result in further legal action against you under the Pakistan Environmental Protection Act 1997.”

In response to the EPA order, the CDA on Tuesday submitted the Rs1m fine and decided to resist all other objections except those related to environment.

Sources said a letter from the CDA, which was to be sent to Pak-EPA, stated: “This is with reference to EPA letter dated 16.12.2021 whereby an illegal order has been issued to stop construction of Margalla Avenue.”

“CDA under Section-12 to 15 of the CDA Ordinance 1960 is responsible for development and implementation of the master plan. The master plan was prepared in 1960 and approved by the federal cabinet. It describes major highways/roads network of the capital city. Khayaban-i-Margalla is included in the master plan. It originates from GT Road near Nicholson Monument and runs in foothills of Margalla Hills and terminates on Murree Road near Bhara Kahu.”

The letter said earlier a road with the same alignment existed. Now within the same right of way, Khayaban-i-Margalla was being constructed in accordance with the original master plan.

“It is further pointed out that proviso of Rule 4 of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Rules 1983 mandates that no action will be taken which is contradictory to the master plan and the authority of CDA.”

The sources said the under-construction road also provides access to the residential sectors of D-12, C-13, C-14, C-15 and C-16, and Margalla Hills National Park itself.

The letter said the EPA in its protection order had relied on an incorrect interpretation of the provisions of Section 12 of the Environment Protection Act.

“Contents of the letter are in contradiction to the master plan and will hinder the implementation of the plan. The above order of EPA is an attempt to restrict CDA in implementing its legislative duty under Sections 12-15 of the ordinance, the letter said, and added: “You are hereby required to withdraw the above-referred letter which is contradictory to the provisions of the CDA ordinance.”

Published in Dawn, December 22nd, 2021