The Islamabad High Court (IHC) on Tuesday issued a stay order against Bhara Kahu bypass project till next date and served notices to the respondents in a petition filed by the professors of Qaud-e-Azam University, Islamabad.
Justice Miangul Hassan Aurangzeb of the IHC heard the above petition. The project was introduced to facilitate the residents and tourists of Murree, Kashmir and Galiyat.
At the outset of hearing, the petitioners’ lawyer Kashif Malik adopted the stance that the bypass was being constructed on the university’s land.
Justice Aurangzeb asked whether it was not a public project and whether it was being constructed on the university’s land after demolishing its building. In Saudia Arabia even mosques were razed to the ground for such projects, he added.
The lawyer said the project was in violation of the Federal Capital’s Master Plan. The road would pass through the university, he added.
The counsel for the Capital Development Authority (CDA) adopted the stance that the university had already given possession of the land for road, and the civic body would face irreparable loss if the work on the project was stopped. The CDA had also given alternate 250 kanals land to the university after acquiring 200 kanals, he added.
The lawyer said the university was a defaulter of Rs1 billion of the CDA. The project was approved by all the relevant forums.
The court noted that it seemed that the university was given comparatively more valuable land. How it could issue a stay order when the university’s building was not affected with the construction.
It said that then it would summon the vice chancellor as such a decision was taken by the administration instead of any individual.
The petitioners’ counsel said trees were being cut at the location of bypass which would also damage to the environment.
The court questioned whether the environmental evaluation was carried out for the project. The court ordered to stop the work on the project until it was approved by the Environmental Protection Agency.
The case was then adjourned.