KARACHI: The Sindh Environmental Protection Tribunal has linked the Environmental Impact Assessment (EIA) approval of the Malir Expressway project with implementation of certain conditions including mitigating the risk of urban flooding, transparent acquisition of land for the project and to address the grievances of affected people.

However, the tribunal noted that it was not inclined to set aside the EIA approval accorded by the Sindh Environmental Protection Agency (Sepa) or to stop the construction work as the project was in the larger interest of public.

It also directed the Sindh government to constitute a complaint redressal & implementation committee within a month to monitor the project, implement the conditions and consider the complaints of affectees as well to advice Sepa to cancel EIA approval if the conditions were not implemented.

On April 15, the three-member tribunal comprising its chairman retired Justice Nisar Ahmed Shaikh and members Mohammad Arif Khan and Abdul Rauf Memon had allowed the authorities to continue the construction work on the project and also ordered constitution of a committee to be headed by a grade-20 officer for monitoring of the project.

In its 37-page detailed verdict, tribunal asks govt to acquire land in transparent manner, attend to grievances of residents

In its 37-page detailed judgement on an appeal filed by residents of Malir and an environmentalist against the EIA approval of the project, the tribunal said that the compliance and implementation of all the conditions was the responsibility of Sepa and the Malir Expressway Ltd, which is undertaking the project.

It further noted that the main objections of the appellants raised earlier during the public hearing as well as before the tribunal was about the urban flooding risk due to construction of the project on the Malir river since a part of the expressway was being built on the river bed instead of its right bank.

It said while the EIA stated that overhead bridges, box and pipe culverts will be constructed to allow water to flow, the structural integrity of these structures had not been taken into account during heavy rains and urban flooding.

The Malir Expressway Ltd contended that the expressway was being built on the right bank of the Malir river and not inside it while for protection of the right bank a deep-sea drain was being incorporated into the project to withstand the heaviest of rains and divert water out to the sea, it added.

The verdict further said that the apprehensions of the appellants about urban flooding and usage of groundwater for the project needed to be addressed by the firm; thus all the undertakings made by the respondents and conditions imposed in the EIA approval must be complied with and possible mitigation and remedial measures must be adopted.

About rehabilitation of displaced people, demolition of their properties as well as agricultural land, the tribunal observed that since the approval was subject to compliance of all such conditions, the Malir Expressway Ltd was bound to comply without any further delay.

“The firm is also liable to address the grievance of project affectees and in this connection the grievance redressal mechanism is already provided which must start its functioning to take appropriate action to reduce the grievances of people,” it added.

The judgement also noted that as per record, the purpose of the project in question was to provide support to bulk and heavy vehicles transporting goods from ports in Karachi to other parts of the country. It said a need for this corridor was also highlighted in the traffic master plan papered by the Japan International Cooperation Agency in 2012.

It stated that after about 10 years, the project was being executed by now to avoid heavy traffic from entering and clogging the main arteries of the city such as Sharea Faisal, Shahrah-i-Pakistan, etc.

“The fact that on account of tremendous increase in the population, a rapid increase of ancillary vehicles in the city, has resulted in a lot of pressure on city’s infrastructure and surrounding to it, therefore, the situation demands the construction of this expressway to cater extreme need of the public at large. This project is not a private or commercial but is a public road and an initiative of government of Sindh,” it added.

The tribunal directed the provincial government to form a complaint redressal and implementation committee, to be headed by a senior officer in at least of BPS-20 and its members not below the rank of BPS-19 to be taken from environment, climate change & coastal development, revenue agriculture, provincial disaster management authority, Sepa and other relevant departments including representatives of appellant party and respective villages.

It further stated that the committee would hold monthly meeting to consider complaints of affected people, examine progress reports of the grievance redressal committee and inspection of the project site and verification of matters listed in the conditions of EIA approval.

“The committee will also ensure to implement the undertakings furnished by the firm as provided in the environmental laws and to advice Sepa for taking necessary action against the company, executing the project and cancellation of EIA approval in case it violate or not comply with the terms and conditions set out in the judgement,” it added.

The proposed project is described in the EIA approval as a 38.75-kilometer-long six-lane dual carriageway that will allow a direct route for heavy vehicles from the industrial areas in Korangi and Landhi to outside the city. The EIA approval further said that the location of the project was starting from right before the Jam Sadiq bridge on Korangi Road and run along the right bank of the Malir river through the Korangi and Malir districts terminating on M-9 near DHA City outside Karachi.

Published in Dawn, April 25th, 2023