EPA report sought about bus project`s environmental impact
Bureau Report
2017-11-09
PESHAWAR: A Peshawar High Court bench on Wednesday directedtheKhyberPakhtunkhwa Environmental Protection Agency`s director general to submit a written report about the compliance with the KP Environmental Protection Act by the provincial government while launching the Bus Rapid Transport (BRT) project.
Chief Justice Yahya Afridi and Justice Roohul Amin Khan Chamkani was informed by EPA DG Dr Mohammad Bashir that his organisadon had issued no objection certificate for the bus project af ter conducting a public hearing, where around 600 people were in attendance.
KP advocate general Abdul Lateef Yousafzai told the courtthat the BRT project was of vital importance as it would provide the people of Peshawar with a respectable transport service.
He said the government had fulfilled all legal requirements before executing the project and had also complied with the provisions of the KP Environmental Protection Act, 2014.
The bench fixed Nov 14 for the next hearing into a petition jointly filed by former provincial minister and JUI-F leader Maulana Amanullah Haqqani and another Peshawar resident Wali Khan, who have claimed that the initiative was illegal as the procedural formalities provided in the Constitution and other laws were not fulfilled for its execution.
The petitioners requested the court to declare the BRT project illegal, without lawful authority and ofnolegaleffect.
During the previous hearing, the bench had summoned the EPA chief directing him to explain whether the requirements providedundertheKPEnvironmental Protection Act had been complied with.
The petitioners` lawyer,Mohammad Isa Khan, contended that the provincial government had not taken the district government into confidence and had not received its permission for the project.
He added that as the BRT project was meant for the provincial capital, it was necessary to take its approval from the district government.
The bench observed that its prime concern on the matter was about impact of the BRT project on environment.
It added that certain mega projects couldn`t be handled by the district governments and therefore, they`re to be initiated by the federal or provincial governments.
The advocate general said the government had looked into all aspects of the bus project and was also discussed in the provincial assembly.
He said a law was also passed by the assembly in that respect and nobody had objected to it.
The AG refuted the claims made by the petitioners that no feasibility report was compiled by the government, stating that proper feasi-bility report was prepared. He stated that certain recommendations of the EPA were looked into it by the government. He added that proper NOC was issued by the EPA.
The bench observed that it would be appropriate for the EPA DG to file a written report on the matter.
The petitioners have claimed that the KP chief minister had claimed that the project would be completed in six months, the agreement signed between the Government of Pakistan and Asian Development Bank showed the expected completion of the project by Jun 30, 2021.
The petitioners have pointed out that the BRT project would cost Rs57 billion, which was a loan obtained from the ADB and to be disbursed by the ADB in three years.
They added that the government, which was left with few months to complete term, shouldn`t be permitted both legally and logically to execute a mega project, which would become a liability for the next government.