PHC directs govt to furnish copy of BRT project contract
By Bureau report
November 23, 2017
PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed the provincial government to provide copy of the Bus Rapid Transit (BRT) project contract with the construction companies, traffic plan and notice of Section-4 for acquiring land for the project.
A two-member bench comprising Chief Justice Yahya Afridi and Justice Syed Afsar Shah continued hearing the writ petition and applications filed against the BRT project by Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Maulana Amanullah Haqqani and an environmentalist Abid Zarif.
However, on the request of the petitioners, the court directed the provincial government to submit a copy of the contract and traffic plan in the court today.
The court also asked the government to submit a copy of the provincial government’s notification issued under Section-4 of the Land Acquisition Act for acquiring land for the project.
The advocate general on Wednesday continued his arguments in the case and submitted that the KP Urban and Mass Transit Act 2016 had overriding effect on the LG Act 2013.
About objections against the contractor company that it was blacklisted, he submitted that the Lahore High Court had set aside the order about its blacklisting and there was no ban on it.
Regarding imposing of Section-4 under the Land Acquisition Act, the advocate general submitted that the provincial government had imposed Section-4 for acquiring 80 kanal of the land in Chamkani for the project and there was no need to impose Section-4 for construction on the roads.
He submitted that the total cost of the project was Rs56.8 billion out of which the Asian Development Bank would provide Rs41.346 billion. He said the government would spend Rs7.465 billion.
However, Essa Khan, counsel for the petitioner, requested the court to direct the respondents to provide copy of the contract and as per his information the construction companies have started work without signing the contract with the government.
He questioned the traffic plan of the project and requested the bench to ask for its submission in the court.
Environmental Protection Agency Director General Dr Mohammad Bashir said his organisation had issued no-objection certificate for the project in line with the guidelines given in the KP Environmental Protection Act.
He said a monthly compliance report would also be submitted by the government to the EPA.
A two-member bench comprising Chief Justice Yahya Afridi and Justice Syed Afsar Shah continued hearing the writ petition and applications filed against the BRT project by Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Maulana Amanullah Haqqani and an environmentalist Abid Zarif.
However, on the request of the petitioners, the court directed the provincial government to submit a copy of the contract and traffic plan in the court today.
The court also asked the government to submit a copy of the provincial government’s notification issued under Section-4 of the Land Acquisition Act for acquiring land for the project.
The advocate general on Wednesday continued his arguments in the case and submitted that the KP Urban and Mass Transit Act 2016 had overriding effect on the LG Act 2013.
About objections against the contractor company that it was blacklisted, he submitted that the Lahore High Court had set aside the order about its blacklisting and there was no ban on it.
Regarding imposing of Section-4 under the Land Acquisition Act, the advocate general submitted that the provincial government had imposed Section-4 for acquiring 80 kanal of the land in Chamkani for the project and there was no need to impose Section-4 for construction on the roads.
He submitted that the total cost of the project was Rs56.8 billion out of which the Asian Development Bank would provide Rs41.346 billion. He said the government would spend Rs7.465 billion.
However, Essa Khan, counsel for the petitioner, requested the court to direct the respondents to provide copy of the contract and as per his information the construction companies have started work without signing the contract with the government.
He questioned the traffic plan of the project and requested the bench to ask for its submission in the court.
Environmental Protection Agency Director General Dr Mohammad Bashir said his organisation had issued no-objection certificate for the project in line with the guidelines given in the KP Environmental Protection Act.
He said a monthly compliance report would also be submitted by the government to the EPA.
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