Bhara Kahu Bypass project: IHC again extends stay order against construction on QAU land

ISLAMABAD: The Islamabad High Court (IHC) once again extended its stay order against the construction of the Bhara Kahu Bypass project on a piece of land owned by Quaid-i-Azam University (QAU).

A single bench of Justice Miangul Hassan Aurangzeb on Tuesday heard the petition of five faculty members of QAU seeking to restrain the Capital Development Authority (CDA) from constructing a segment of the bypass project on the university’s land.

During the hearing, the CDA’s lawyer, Hafiz Arafat, said that not a single structure was required to be demolished for Bhara Kahu Bypass project. He further said that the university did not sign any lease agreement with the CDA in the last 40 years, while all other universities in Islamabad had lease agreements with the civic body.

The counsel said that the CDA could initiate any project of public interest under the lease agreement. He added that the QAU had no agreement but still it was trying to get benefits from it.

Later, the court deferred hearing in this matter till December 9 for further proceedings.

Earlier, the court was informed that the Environmental Protection Agency (EPA) has given approval to this project after the CDA paid the fine amount imposed by the agency.

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 September 30 and had directed the National Logistics Cell (NLC) to complete the project in three months.

The five-kilometre road, including one-kilometre flyover, will start from Murree Road near the QAU 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.

Dr Azizur Rehman, IlhanNiaz, Aqeel Bukhari, and Associate Professors Asif Ali and Amir Ali have filed the petition through their counsel Kashif Ali Malik.

The counsel said that the bypass was being constructed in close proximity to the residential colony of the university and the construction of a road passing through the university will also expose the students, faculty, and staff to security risks.

Counsel for CDA Nazir Jawad told the court that the civic agency planned the project on 199 kanals of the university land and transferred 225 kanals in the university’s name. He said the land allotted to the CDA was free from any encroachment and its possession had also been handed over to the management.

It may be mentioned that the supreme decision-making body of the university, the syndicate, had approved the conditional land swap deal with the CDA for the Bhara Kahu Bypass project, as nine out of 12 syndicate members backed the agreement with the civic body.

Copyright Business Recorder, 2022