KARACHI: The Sindh Environmental Protection Tribunal is likely to announce on Wednesday (today) its judgement on appeals challenging issuance of the Environmental Impact Assessment (EIA) for the controversial Malir Expressway project by the Sindh Environmental Protection Agency (Sepa) in alleged violation of environmental laws.

The tribunal headed by retired Justice Nisar Ahmed Shaikh had reserved its verdict for Feb 22 (today) after conducting lengthy proceedings initiated on the complaints filed by environmentalists as well as residents of Malir in June last year.

The tribunal had reserved its ruling after hearing final arguments from Advocates Zubair Abro and Palwasha Shahab for the appellants, Advocate Ravi Pinjani for M/s Malir Expressway Limited and Sepa deputy director (Law) Habib-ur-Rehman Solangi.

The location of the controversial project, as per the EIA approval, is starting from right before the Jam Sadiq Bridge on Korangi Road and it runs along the right bank of the Malir River through the Korangi and Malir districts, terminating on M-9 near DHA City outside Karachi.

During the course of proceedings, the appellants’ had pointed out that after they had filed the plea Sepa director general Naeem Mughal had issued a ‘fresh’ EIA report of the project, which was previously issued by a deputy director without his lawful authority and mandate.

On the other hand, Advocate Pinjani for the private construction firm had argued that the Sepa chief had not ‘reissued’ a fresh EIA report, adding that it was the continuation of the process of EIA initially approved by a deputy director within the ambit of the relevant laws.

Tribunal conducted proceedings on residents, environmentalists’ plea against issuance of key report

On a previous date, DG Mughal had filed a ‘fresh’ EIA approval report of the project dated June 10 through the counsel for the construction firm allegedly in a bid to avoid legal consequences and remove the appellants’ main objection that initially such EIA approval was granted and signed by a Deputy Director without lawful authority.

The appellants had submitted that Sepa accorded the EIA approval on April 6 to the Malir Expressway Ltd in alleged violations of the Sindh Environmental Protection Act, 2014 and Sepa (Environmental Review of IEE and EIA) Regulations, 2014.

They recalled that the project’s proponent firm had filed the EIA report to Sepa for its review and decision on Oct 13, 2021. Sepa held a public hearing on March 9 last year for which public notices were published in three newspapers, they had added.

The appellant said being concerned residents of Malir district they attended the EIA hearing and submitted their written objections to the EIA report during the public hearing and also raised multiple objections to the feasibility of the project, assessment, findings and recommendations in the EIA report.

The appellants stated that a reminder was also sent to Sepa for informing them about the status of their objections and EIA review process but the authority allegedly did not reply to these objections and reminders.

The appellants’ counsel argued that the Sepa had violated the 2014 Act and 2014 Regulations, adding that Sepa and the project’s proponent had acted in flagrant violation to the scope and purpose of the 2014 Act.

Published in Dawn, February 22th, 2023