KARACHI: The Sindh High Court has issued notices to the chief secretary, Karachi Metropolitan Corporation (KMC) and others on a petition challenging the ongoing construction and development activities at Nehri-Khayyam in Clifton.
A two-judge constitutional bench headed by Justice Riazat Ali Sahar also put the provincial law officer on notice for Nov 19, and directed the respondents to file their detailed comments at the next hearing.
When the bench took up for hearing the petition filed by Leader of the Opposition in the City Council Advocate Saifuddin and three others, it was informed that AvaArdeshir Cowasjee had already filed an identical petition on which notices had also been issued.
However, the petitioners’ counsel argued that the instant petition was on some different footings as the Sindh Environmental Protection Agency (Sepa) was not named as a respondent in the earlier petition.
The lawyer also stated that the relevant provisions of the Sindh Environmental Protection Act, 2014 had not been complied with while carrying out the impugned construction and such activities over the subject waterway were totally illegal and unlawful.
The bench in its order said, ‘Let at first instant, notices be issued to the respondents as well as advocate general Sindh. The respondents shall file their respective comprehensive and detailed comments on the next date of hearing.
The bench directed its office to tag the other identical petition with the new one for a joint hearing on the next date.
The petitioners submitted that they wereaggrieved by the ongoing construction and development activities in and around Nehr-iKhayyam including adjacent amenity plots which has raised serious concerns about preservation of the natural waterway, potential adverse impact upon city’s rainwater drainage system and the possible commercial utilisation of land of such waterway.
They also argued that the construction, alteration and development were being carried out rapidly on the subject waterway and the mega project was launched without a proper technical and environmental assessment, which may adversely affect the flow of rainwater, particularly during the monsoon season, thereby endangering public safety and the civic interests of residents of Karachi.
They further stated that the respondents cannot reduce the width of the waterway, disregard the approved planning framework or permit development inconsistent with the designated purpose of the watercourse and its associated public infrastructure. Referring to previous judgements of the Supreme Court and the SHC, the petitioners maintained that the judiciary had stopped the construction in the vicinity of Nehr-i-Khayyam on a number of occasions, but after reported suspension of construction for a brief period, such activities had time and again been resumed.
The petitioners maintained that if these construction activities were allowedto continue without any lawful authority, adequate technical assessment and compliance with the applicable environmental safeguards, it would threaten the effective functioning of an essential storm-water drainage facility and expose the residents to risks of flooding and environmental degradation.
They pleaded to declare as illegal the alleged conversion, alteration or utilisation of the storm-water drain into a recreational park or commercial venture or any other inconsistent purpose without lawful authority andcompliance with the applicable laws.
The petitioners also sought directives for respondents to immediately halt all ongoing construction and development activities and remove all structures, encroachments, unauthorised constructions, reclaimed portions and other works already erected or undertaken within the lawful boundariesofNehr-i-Khayyam.
They further asked the court to preserve Nehr-iKhayyam for its lawful purpose and primary function as a storm-water drainage channel.