ISLAMABAD: The Islamabad High Court (IHC) on Tuesday issued a stay order against the construction of the Bhara Kahu bypass project on a piece of land owned by Quaid-i-Azam University (QAU) in response to a petition filed by the faculty members of the varsity seeking a restraining order against the project.

Prime Minister Shehbaz Sharif on Sept 30 laid the foundation stone for the bypass and directed the National Logistics Cell (NLC) to complete the project within three months. The 5km-long road, including a 1km flyover, will start from Murree Road near the university stop and culminate on Murree Road near the Jugi bus stop adjacent to Punjab Cash and Carry from where it will have a one-km-long flyover which will end outside the Bhara Kahu bazaar towards Murree.

Since the project was an initiative of PM Shehbaz Sharif, the CDA appeared to be more diligent as its legal team was present in the courtroom at the first hearing of the case even though the court had not even put the civic agency on notice. But the legal team failed to get any relief as the court issued a stay order against the construction.

IHC Justice Miangul Hassan Aurangzeb took up the petition of the five faculty members seeking to restrain the Capital Development Authority (CDA) from constructing a segment of bypass project on the university’s land.

Judge asks CDA to stop work till completion of environmental assessment report

The petitioners Dr Azizur Rehman, Ilhan Niaz, Aqeel Bukhari, and associate professors Asif Ali and Amir Ali filed the petition through their counsel Kashif Ali Malik.

It may be mentioned that the supreme decision-making body of the university, the syndicate, had approved the conditional land swap deal with the CDA for the Bhara Kahu bypass project, as nine out of 12 syndicate members backed the agreement with the civic body.

Advocate Malik argued that the new alignment of the bypass would divide the university’s campus and the road would become a de-facto border between the two sides of the campus.

Justice Aurangzeb inquired whether the project was not meant for the general public and whether the CDA would demolish the university infrastructure for the construction of the bypass.

“In Saudi Arabia, the government even demolishes mosques for the construction of public highways,” the judge remarked. In a reference to the syndicate’s approval of the deal, he observed that the project was initiated with the approval of the university. Advocate Malik responded that the project has been initiated in violation of Islamabad’s Master Plan.

He said that the bypass was being constructed in close proximity to the residential colony of the university and the construction of a road passing through the university will also expose the students, faculty and staff to security risks.

Counsel for CDA Nazir Jawad told the court that the civic agency planned the project on 199 kanals of the university land and transferred 225 kanals in the university’s name. He said the land allotted to CDA was free from any encroachment and its possession had also been handed over to the management.

The counsel further argued that the civic body would suffer irreparable losses if the project was halted.

The judge remarked that apparently, the university was getting more valuable property in the land swap.

The IHC justice expressed the intention to summon the vice chancellor of the university to ask him whether or not the land swap was acceptable to him. The judge was of the opinion that the decision regarding the deal with the CDA should be a collective call.

Advocate Malik argued that CDA was cutting trees in the area and did not even obtain the Environment Impact Assessment (EIA) report. The court inquired from CDA’s counsel whether the EIA of the project had been done. The counsel replied that the civic agency had secured the necessary approval from all the related departments. The court restrained further execution of the bypass project until the environmental impact assessment of the project.

Further hearing was adjourned till next week.

Published in Dawn, October 19th, 2022