Wednesday, March 04, 2009
By Sajid Bashir
LAHORE: ENVIRONMENTAL Tribunal Punjab has been approached through a complaint to stop construction of Makro Store in Model Town, also questioning an Initial Environment Examination (IEE) report prepared by Environment Protection Agency. Petitioner Fazal Karim, resident of G-block, Darbar Pir Behram Shah Model Town, along with other residents of the area, filed a complaint against Chief Executive Makro, Habib Pakistan Limited, Secretary Model Town Society and Environmental Protection Agency (EPA, Punjab). The petitioner submitted in his compliant that the Chief Executive Makro had commenced construction of large cash and carry super store namely MAKRO at a grassy plot having numerous full-grown trees measuring about 78 Kanal situated at G-Block. This plot is under litigation for ownership rights and for declaration of the title because it had been cultivated by the petitioner and his elders. Earlier, a very old ancestral graveyard wherein elders and departed family members of the complainants were buried and a Mazaar of Baba Behram Shah had also been demolished and taken over illegally by the respondent proponents (Model Town Society). The complainant through his counsel Advocate High Court Akhtar H.Awan submitted that the proponents had not provided the clear documents to EPA, Punjab, along with the IEE report. Besides, the Model Town Society has also executed lease deed with the respondents without having lawful title of the land. The petitioner’s counsel submitted that Chief Executive Makro took over the possession of the land forcibly and illegally with the connivance of Model Town Society and local police. According to the Revenue Report, the land underneath the project was illegally leased out by the Model Town Society because of illegitimate possession of the said Society. He submitted that according to the IEE guidelines and regulations, it was mandatory to produce clear revenue record pertaining to the title and complete possession of the land for the proposed project. He contended that the EPA should have satisfied itself about the title of the land and before issuing the IEE report for the said project and the department should have assessed as well as public hearing was required before commencing construction and granting approval. He further submitted that the IEE report was defective and misrepresented wherein the exact potential environmental effects were not assessed nor mitigation measures were proposed. The conditions of the Environmental Approval were not according to the laws of EPA, he added. The complaint stated that numerous cases were pending adjudication before different courts and in some cases courts had granted stay in favour of the real owners of the land. In the light of above facts, the complainant through his counsel prayed before the court that the IEE approval for the construction of the said project might be cancelled and the construction of the said project might be stopped at the present disputed site.
LAHORE: ENVIRONMENTAL Tribunal Punjab has been approached through a complaint to stop construction of Makro Store in Model Town, also questioning an Initial Environment Examination (IEE) report prepared by Environment Protection Agency. Petitioner Fazal Karim, resident of G-block, Darbar Pir Behram Shah Model Town, along with other residents of the area, filed a complaint against Chief Executive Makro, Habib Pakistan Limited, Secretary Model Town Society and Environmental Protection Agency (EPA, Punjab). The petitioner submitted in his compliant that the Chief Executive Makro had commenced construction of large cash and carry super store namely MAKRO at a grassy plot having numerous full-grown trees measuring about 78 Kanal situated at G-Block. This plot is under litigation for ownership rights and for declaration of the title because it had been cultivated by the petitioner and his elders. Earlier, a very old ancestral graveyard wherein elders and departed family members of the complainants were buried and a Mazaar of Baba Behram Shah had also been demolished and taken over illegally by the respondent proponents (Model Town Society). The complainant through his counsel Advocate High Court Akhtar H.Awan submitted that the proponents had not provided the clear documents to EPA, Punjab, along with the IEE report. Besides, the Model Town Society has also executed lease deed with the respondents without having lawful title of the land. The petitioner’s counsel submitted that Chief Executive Makro took over the possession of the land forcibly and illegally with the connivance of Model Town Society and local police. According to the Revenue Report, the land underneath the project was illegally leased out by the Model Town Society because of illegitimate possession of the said Society. He submitted that according to the IEE guidelines and regulations, it was mandatory to produce clear revenue record pertaining to the title and complete possession of the land for the proposed project. He contended that the EPA should have satisfied itself about the title of the land and before issuing the IEE report for the said project and the department should have assessed as well as public hearing was required before commencing construction and granting approval. He further submitted that the IEE report was defective and misrepresented wherein the exact potential environmental effects were not assessed nor mitigation measures were proposed. The conditions of the Environmental Approval were not according to the laws of EPA, he added. The complaint stated that numerous cases were pending adjudication before different courts and in some cases courts had granted stay in favour of the real owners of the land. In the light of above facts, the complainant through his counsel prayed before the court that the IEE approval for the construction of the said project might be cancelled and the construction of the said project might be stopped at the present disputed site.
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