IHC likely to announce verdict in petition against construction of Bhara Kahu Bypass on QAU land today

ISLAMABAD-The Islamabad High Court (IHC) will likely announce its verdict in a petition again construction of the Bhara Kahu bypass project on a piece of land owned by Quaid-i-Azam University (QAU) on Monday (today). 
A single bench of IHC comprising Justice Miangul Hassan Aurangzeb will announce the verdict which he had reserved in the petition of five faculty members of QAU seeking to restrain the Capital Development Authority (CDA) from constructing a segment of bypass project on the university’s land.
Previously, the bench had directed the Capital Development Authority (CDA) to submit details of expenditure being incurred on the Bhara Kahu bypass project passing through a land of the QAU Islamabad.
The counsel for the university professor said that it is a fact that the QAU land will be used for the bypass project and the problem lies as who owns the land. The CDA has taken the stance that the land was given to the QAU on lease and the university syndicate has permitted to pass the road through its land on a conditional basis. 
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 last 40 years while other all 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 Quaid-i-Azam University had no agreement but still it was trying to get benefits of it. 
Earlier, the court was informed that the Environmental Protection Agency (EPA) has given approval of this project after CDA paid the fine amount imposed by the agency.  The petitioner 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 Sept 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 the Murree Road near the Quaid-i-Azam University 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. 
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 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.

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