ISLAMABAD: The Islamabad High Court (IHC) on Friday referred the matter related to the construction of Bhara Kahu bypass to the federal cabinet, expecting it would resolve the controversy regarding use of Quaid-i-Azam University (QAU) land after hearing the relevant stakeholders.

Justice Miangul Hassan Aurangzeb of the IHC resumed the hearing of the petition filed by five QAU faculty members. Professors Dr Azizur Rehman, Ilhan Niaz and Aqeel Bukhari and associate professors Asif Ali and Amir Ali had filed the petition through their counsel Kashif Ali Malik advocate.

The petitioners contended before the court that the new alignment of the bypass would divide the university campus and the road would become a de facto border between its two sides. They pointed out that the project was started without the mandatory Environmental Impact Assessment (EIA).

Prime Minister Shehbaz Sharif laid the foundation stone of the Bhara Kahu bypass on Sept 30 and had directed the National Logistics Cell (NLC) to complete the project in three months.

Petitioners contend new alignment of bypass to divide QAU campus

The five-kilometre road, including one kilometre flyover, will start from the Murree Road near the Quaid-i-Azam University stop and culminate on the same road near the Jugi bus stop adjacent to the Punjab Cash and Carry, from where the flyover will start and then end outside the Bhara Kahu Bazaar towards Murree.

Justice Aurangzeb earlier last month had issued the stay order against the use of QAU land.

On Friday, the learned judge remarked that he had issued the restraining order with a heavy heart, as he wanted to decide the petition at the earliest. However, while referring the matter to the federal government, the court extended the stay order till next Friday.

During the course of hearing, advocate Kashif Ali Malik appeared for the petitioners, additional attorney general Barrister Munawar Iqbal Duggal represented the federal government, and Nazir Jawad and Hafiz Yasir Arafat argued on behalf of the Capital Development Authority (CDA).

Noman Munir Paracha represented the QAU administration while Kohsar United Front’s lawyer Jalil Abbasi also argued in this matter. KUF is a local non-government organisation of Murree.

Mr Abbasi contended that the local people had to face hours long traffic congestion since there was no bypass. He said that the commuters and even the ambulances got stuck in the traffic because of long queues in Bhara Kahu Bazaar.

Justice Aurangzeb remarked that he was aware of the problems and he wanted the government to resolve the issue in a way acceptable to all the stakeholders.

This project was initiated in the larger public interest, Barrister Duggal said and added that the government would proceed in accordance with the direction of the court. The court adjourned further hearing into the matter.

Published in Dawn, November 5th, 2022