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LYARI EXPRESSWAY
Lyari Expressway Probe into ‘massive corruption’ demanded
KARACHI: Taj Haider, Central Information Secretary, Pakistan People’s Party (PPP) has called for a high-level probe into the "massive corruption" being carried out by those involved in the construction of Lyari Expressway.
"Just to hide its ineligibility and corruption, the government has started demolishing the settlements which are not a part of the Lyari river area," said Haider while talking to a big gathering of the Lyari Expressway affectees in Mianwali Colony, here the other day.
He said that in a span of just two years, the city government and the National Highway Authority had spent Rs8 billion on the project having an estimated cost of just Rs3 billion. He demanded review of the project map in line with the directive of the high court.
In a statement read out on the occasion, Ghinva Bhutto, Chairperson of PPP-Shaheed Bhutto, said she fully agreed to launching a "resistance movement" in case the demands of the affectees were not met. She said she would be the first one to face bulldozers.
Central Secretary General of National Workers Party Gen (Retd) Yousuf Masti Khan, leader of Muttahida Majlis-e-Amal Maulana Waliullah, Baseer Naveed of Action Committee for Civic Problems, Fareed Ansari of Asif Zardari Release Committee and leaders of PPP-Shaheed Bhutto also addressed the gathering. They declared that they would resist the government moves aimed at demolishing the concrete and leased settlements. (Daily The News, 24/02/04)
Kuwait resumes funding for major projects
ISLAMABAD, Feb
20: The Kuwait Development Fund on Friday broke its five-year
"interlude" in their funding activities in Pakistan by offering
assistance for infrastructure projects in this country. ( Daily Dawn Karachi, 21/02/04)
Lyari Expressway update Eminent politicians, NGOs invoke SHC’s writ jurisdiction
Eleven prominent political leaders and NGOs, while invoking writ jurisdiction of the Sindh High Court against the Lyari Expressway project, have termed it against land acquisition, environment, human rights and settlement laws.
"It is a typical example of intensive planning where a grandiose project is developed ignoring larger contextual realities, where physical results are more important than people and environment and where the megalomania of politicians and fantasy of planners is satisfied," says the petition, filed on behalf of Taj Haider of the Pakistan People’s Party, Sardar Sanaullah Zehir of the National Party, Sardar Abdul Rahim of the Pakistan Muslim League-Nawaz, Muhammad Amin Khattak of the Awami National Party, Yousaf Masti Khan of the National Workers’ Party, Abdul Kahlique Junejo of the Jiye Sindh Mahaz, Abdul Hayee of the Human Rights Commission of Pakistan, Muhammad Younis of the Urban Resource Centre, Anees Haroon of the Aurat Foundation, Baseer Naveed of the Action Committee for Civic Problems and Arif Hasan of the Oranig Pilot Project. The petition, bearing number 1437 of 2003 is fixed for preliminary hearing before the bench headed by Justice Zahid Kurban Alvi.
It is first petition filed by NGOs jointly. Earlier, the occupants of land on both banks of the river had filed a number of petitions through which they had asserted their individual rights. In this petition the issue has been given a new life purely on human rights basis.
Umer Siyal and Tahira Hasan advocates have submitted that the petitioners are interested in preserving the natural and built environment of the city. They filed the petition on behalf of those who are poor, ignorant, or in an economically disadvantageous position. In order to resolve the traffic congestion problem of 12.5million people of this city, the Karachi Mater Plan (1975-1985) had proposed Northern Bypass and Southern Bypass. Southern Bypass, which envisaged joining of Mai Kolachi bypass to national highway through Defence society, was scrapped when highly powerful segment of the society opposed it on the pretext that the traffic noise on this road would disturb their peaceful living. The Northern Bypass was conceived in 1980 as a much-needed means of linking the Karachi port to Super Highway.
The purpose of this bypass was to redirect all port related traffic, which consisted of 20,000 heavy vehicles per day, to the superhighway. This project remained in files till 1986 when Lyari Expressway was proposed as its alternative. This proposal was strongly opposed by professionals, non-governmental organisations and Lyari community. After public hearings and discussions were held in 1995-96, the then senior provincial minister finally decided to scrap the proposal. In June 2000, however, the federal government decided to build both Northern Bypass and 16.5-kilometre-long Lyari Expressway. The estimated cost of Lyari Expressway is Rs7billion, while analysts believe that the actual cost would be three times the estimated cost.
The original 1995 plan of Lyari Expressway, it has been contended, envisaged widening of the river bed to 200 feet at Soharab Goth with gradual increase to 500 feet near Mauripur and construction of 50 feet roads on both banks which were to pass underneath the existing 12 bridges on the river. This plan, however, has been amended. Now, the bed would be widened to 800 feet and there would be 100-foot-wide roads on both banks, which would run over the existing bridges. Despite repeated requests of the affected people, NGOs, political parties and other concerned individuals and organisations, the amended plan of Lyari Expressway has not been made public.
At present there are approximately 0.2million Katchi Abadi dwellers on both sides of the Lyari River and all of them are being displaced by the respondent, National Highways Authority, which has been assigned the task of constructing the expressway. Besides, about 25,400 houses, 3,600 commercial units, 50 mosques, five churches, eight temples, 10 schools, 38 clinics, one hospital and 66 factories are being demolished to reclaim 1.8 million square yards of land worth Rs20billion to facilitate the construction of the mega project.
The project, in fact, is a humanitarian disaster, as it would render thousands of people homeless and jobless. The residents of this low and middle income colonies, a large number of whom are employed in the city’s recycling industry and as daily wage labours, have since been running from pillar to post, trying to find alternative accommodation for their families because as against the 25,400 houses being demolished, the government is giving Rs50,000 cash and an 80 square yards plot in Hawksbay to only 14,000 affected families.
The work on the project has been started without taking into consideration its environmental impact. According to section 12 of the Pakistan Environmental Protection Act 1997, it is mandatory that before launching such project its environmental impact assessment is smutted to the Environment Protection Agency (EPA). No such assessment report was prepared in respect of Lyari Expressway. Besides, the project also runs contrary to the Istanbul Declaration of Human Settlements and the International Human Right Laws to which Pakistan is a signatory. The effect of the demolition and the acquisition of land in violation of law would render a large number of people homeless with no provision for resettlement, or compensation. The state has usurped and confiscated the property of citizens instead of acquiring it thus has been guilty of violating the Constitution. The expressway is not displacing people from the riverbed only. More than 50 per cent of the affected people are those, whose houses and businesses came in alignment of this project. (Daily The News Sunday November 16, 2003-)
Sindh High Court (SHC) orders government to redesign Lyari Expressway
The High Court of Sindh (SHC) on Tuesday 14th October 2003 directed the National Highway Authority (NHA), government of Sindh, and the City District Government of Karachi (CDGK) to review the design of the 16.5 kilometre long Lyari Expressway so as to minimise number of people to be affected by this project.
A bench comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi passed this order while disposing of a number of identical petitions filed by more than 300 affectees of LEW. The writ jurisdiction of the court was originally invoked by more than 700 affectees through about 21 petitions but ten of them were rejected on the grounds the petitioners, more than 250 in number, had no valid lease documents. The bench had observed that these petitioners would be at liberty to accept the package announced by the City Government, Karachi City District, for the rehabilitation of the affectees of this mega-project.
The government had raised objections on the maintainability of the pleas of remaining petitioners, who held lease documents, on the grounds that no lease could be granted in the bed or on the bank of any river as per the law. These leases were granted illegally by some corrupt officials of the defunct KMC against whom legal action had been initiated.
The bench, however, overruled this objection of the respondents and held that holders of these leases were entitled to the price of the land at market rates and in accordance with law.
The court directed the respondent to resolve the dispute with individual petitioners who had raised construction as per approved plans or alternatively pay them prices of their lands as per market rates of the area where the properties to be acquired are located.
The bench observed that a large number of petitioners had already accepted the package offered by the government and vacated their properties and further delay in completion of this vital project would not only increase the burden on the national exchequer but also add to the inconvenience of the public at large.
The court held in its 41-page judgment that the petitioners were entitled to compensation only in respect of the land leased out to them and not on the structures raised over them.
During pendency of these petitions, the government had offered a package to these petitioners. The package said the petitioners who were in possession of genuine leases would be given compensation as per the provisions of the Land Acquisition Act i.e. according to the market rates of the property. It further said that if the payment made by a lessee against the land in his possession was in access to Rs50,000, the total amount paid by him would be refunded along with an 80 square yards plot.
In the case of multi-storey buildings, each floor would be taken to be individual family unit entitled to receive the same compensation of Rs50,000 plus an 80 square yards plot. However, compensation on multi-storey buildings would be paid on floor basis and to the physical occupants. However, majority of the petitioners had rejected the package after which the court had reserved its judgment which was announced on Tuesday. The bench observed that the project was of national importance which was being constructed in the public interest for which private property could always be acquired under the law. The lands in questions, it is worth mentioning, are located in PIB Colony, Liaquatabad, Old Sabzi Mandi, Sohrab Goth, Gulshan-e-Iqbal etc. Advocates Fazal-e-Ghani, Showkat Shaikh, Muhammad Jameel, Ghulam Kadir Jatoi, M Ilyas Khan, Attaullah Khan, and others appeared on behalf of the petitioners. Former Advocate-General (AG), Sindh, Raja Qureshi, Additional AG Sulemen Habibullah, and present AG, Sindh Mansoor Khan, represented the Sindh Government; Syed Jameel Ahmed represented the KDA; Shahid Jameel represented the KBCA and while Manzoor Khan advocate represented the City Government.
(The News, 15/10/03 page 3)
Lyari Expressway Eviction update
Karachi City Government has resummed
the demoltition operation of the settlements aound Lyari river These evictions are part of a larger demolishing operation in which government is planning to bulldoze over 25400 houses units to make way the for one of the most controversial raod project called "Lyari Expressway" . See a photo of current bulldozing operation below;
These forced evictions were started on 21st January 2002. Prior to recent bulldozings 5759 units (including 2384 commercial and 3375 Residential) were bulldozed to make way for this controversial project. The struggle against forced evictions goes on. The communities are strongly opposing these demolitions. Most city planners, architects, NGOs and professionals firmly believe the city does not need this project.
Lyari Expressway likely to head for greater controversy By Zabe Azkar Hussain
KARACHI: The much-criticised project of construction of the Lyari Expressway (LE) can stir up another controversy on the part of some 49 communities who, according to well-informed sources, are prepared to resist the construction without a "sound compensation". Provincial Authorities, the sources said, had noted that the pending cases were causing delay in the construction of the LE. The legal fight on the part of the government, the meeting said should be further expedited and the Advocate- General, Sindh, could play his due role in advancing arguments before the High Court that was hearing all the cases (together). On the other hand, the sources highlighted the fact that political parties (almost all the major ones) had taken up the matter seriously and at a meeting (on May 30) set up a Resistance Committee (RC). The RC, it is learnt, has now fixed June 9 to hold a meeting at the Pakistan Medical Association (PMA) House, when it would evolve a strategy to fight against the construction of the LE. Baseer Naveed, Taj Haider, Muhammad Hussain Mehnati, Habib Junaidi, Hafiz Taqqi, Ghinwa Bhutto, Sardar Raheem and other leaders of major political parties represent the RC and they are of the firm opinion that the construction would not be allowed by the citizens as their houses would be demolished without any worthwhile compensation. On the other hand, well-informed sources said that the City Nazim, Naimatullah Khan, was also being approached by the influential political parties' leaders to review his approach towards the LE Construction. The City Nazim is regarded among the pleaders of the LE Construction. He on various occasions had said that a reasonable compensation amount (Rs 50,000) and a plot (80 square yards) would be given to those who were going to be affected. However, those representing the communities argue that as many as 250,000 people would suffer due to the construction and they all were residing in leased areas. These people hail from well-to-do families and owned big plots, shops, and stores running profitable businesses. In the case of these people, the city government could not justify its action giving small plots and puny sums in the name of compensation. Hence, these people are not allowing the construction and some of them have filed cases. The political parties that set up RC, it is learnt have decided to persuade the Chief Minister of Sindh and the Prime Minister for stopping the construction of LE. The parties have also decided not to talk to the Governor of Sindh, as according to them, he was taking least interest in heeding the grievances of the people who would suffer because of the construction. The sources revealed that the minorities' leaders were also among the critics of the LE construction as some churches and chapels could be demolished for the construction of LE. (N-3, 04/06/03)
Lyari Expressway: Letter to Editor
Chairman, Action Committee for Civic Problems, Karachi (D-06, 09/05/03)
CJ asked to take suo moto notice of LEW irregularities
The Action Committee for Civil Problems (ACCP) has appealed to the Chief Justice Sindh High Court (SHC) to take suo moto notice of the alleged irregularities being committed by government functionaries in respect of Lyari Express Way (LEW).
In a letter to the CJ, the Chairman, ACCP, Baseer Naveed, said that on the initiative of the federal government, the National Highway Authority (NHA) had taken up construction of the LEW and the city district government had been assigned the task of resettlement of the affectees.
Work on the project should have been started after acquisition of the land. Under the land Acquisition Act of 1894 seven steps need to be taken for acquisition of land. The government should first notify the land within prescribed boundaries to be acquired.
Objectives of requisitioning should be fixed and resettlement plan approved. After these steps, the law requires that detailed survey of holdings within the demarcations plans should be conducted and rates of compensation notified.
At the last stage, the law requires the agencies concerned to judiciously dispose of appeals on rates of compensation. "It is with regret that we have to inform you that no such action has been taken by either the city district government or the government of Sindh. Besides, no land has been transferred to NHA for executing the work as yet. The working of NHA on land not owned by it by all canons of law and justice is illegal", the letter adds. In the end, the ACCP has appealed to the CJ to take suo moto notice of these irregularities which were adding to the sufferings of 250,000 affectees of the LEW. (N-02, 09/05/03)
Govt urged to abandon Expressway project
Speakers at a workshop on Friday condemned the Lyari Expressway Project and contested the government's claim that it would ensure future development of the city.
Arif Hasan questioned why priority had been assigned to such an expensive project whereas the city needed funds for more urgent uplift projects.
He argued that in any case of shifting
of the people from the river-bed, an expressway was not required. He said
all that is required is to shift the population living below the
flood-line.
Land allotment in Expressway project questioned
The Action Committee for Civic Problems has said the "survey list" regarding the people affected by the Lyari Expressway Project, also submitted to the UN fact-finding mission, is full of errors and not transparent.
(D-15, 01/05/2003)
Lyari Expressway: human settlement issues By Noman Ahmed
(Dawn, Eco & Bus Review, 28/04/03)
Lyari Expressway be expedited: PM
Prime Minister Mir Zafarullah Khan Jamali has directed the federal and provincial authorities of Sindh to remove snags in the Lyari Expressway Project at Karachi, to be completed in June 2004.
Official sources told Dawn here on Tuesday that the prime minister directed the officials concerned to make sure that the Rs5 billion Lyari project was not delayed due to various problems.
One of the major problems was said to be a row over resettlement of displaced persons. The Planning Commission was asked to coordinate with the ministry of finance and the chief minister of Sindh to get the Lyari project completed on time.
However, the sources said the project was not likely to be completed by June next year even though Rs455 million, out of the allocated Rs900 million in the current financial years's Public Sector Development Programme (PSDP), had been spent during the first quarter, which constituted 50 per cent of the money set aside.
According to the planning Commission, the National Highway Authority (NHA) has not provided the report on physical progress so far achieved towards completion of the vital project.
The project envisages construction of a 16.5km, two-lane expressway with allied structures.
The Planning Commission has formulated a status of a number of infrastructure projects approved earlier by the government.
About the Karachi Northern Bypass Project, it said that as far as physical progress was concerned, only 1.3km of earthwork had been completed. The completion of the project was due in June 2004. The project aims to construct 62.137km, two-lane bypass road with allied structures. The estimated cost of the project is Rs2.6 billion with no foreign exchange component.
The Planning Commission also said that the expenditure incurred on the Kohat Tunnel and Access Road project up to June 2002 was Rs3.9 billion which was 59 per cent of the total allocation. As against the allocation of Rs1.6 billion in the PSDP 2002-03, Rs125 million have been utilized during the first quarter of the year, which is 8 per cent of the allocation.
The progress on the projects is according to the schedule. About the Islamabad-Peshawar Motorway, the Planning Commission said the NHA was facing a problem in the encashment of a Rs16.8 billion bank guarantee paid as advance to the contractors. (Daily Dawn, 05/03/03)
Lyari Expressway Resettling old scores
Construction of the Lyari Development Resettlement Project Hawkes Bay is in full swing, where government hopes to establish a participatory community. But residents have their own tales to tell "Bulldozers were destroying the rows of the houses when suddenly I realised that I had left my three-year-old child sleeping inside the room. I dashed in to rescue my child. Luckily we both managed to get out of the room before the roof collapsed," recalls Mehboob, 42. He is now living in his half-constructed house (L-347), allotted to him in Hawkes Bay in exchange of his house at Bakra Peerhi, which was demolished during the Lyari Expressway (LEW) demolition operation last year. Mehboob, who was as gorkan at Mewa Shah Graveyard, has been out of work for the last seven months due to an injured foot. The unfortunate incidence happened while he was rescuing his child. His nine-member family now depends on the eldest child, a 14-year-old boy who works as a labourer. While talking to TNS Mehboob says, "All of my Rs.50,000 compensation money, given by the government to build the house in the 165-acre colony has been consumed. Half of the money has been spent on filling the plot lying in a dry nullah, and the rest on raising this half-constructed boundary wall. And even this was made possible only with the help of a kind neighbour who helped me buy the reti bajri trucks on concessional rates. However, I have been provided bricks to complete the structure following the visit of some higher officials to the area recently." President General Pervez Musharraf inaugurated the 16.5km LEW project on 27 April 2002 in order to address traffic problems in Karachi. With wide roads, huge water tanks, freshly constructed buildings bearing the signs of school and dispensary and the ongoing construction activity around, the housing scheme--Lyari Development Resettlement Project Hawkes Bay, initiated for the families relocated from a settlement sitting along the sewage channel gives a pleasant look. But the impression fades as soon as one meets the families living there. Saeed Ahmed, an old man who sells sweet supari and toffees at a table stall, moved in to Hawkes Bay (L-299) two months ago. He renovated his house at Akbar Road for the marriage of one of his sons just a few months before the demolition started. But since he has moved here he has been facing problems for his sons have refused to move in with him. His 80 square yard house, which he built after taking a Rs.40,000 loan, is too small to accommodate them all. He has appealed to the government to allot him another plot so that he could bring his family together. Jehanara, a Bengali-speaking woman, is in distress. Some constructor has run away with her money (Rs.35,000) with the promise of constructing her plot (L-164). With an ailing husband and a son to look after, she is looking for help to recover her money. Rahat Bux, popularly known as Buxoo Chacha, has been living in the four-room house (L-217) with his entire family (including three married sons) since August 2002. It costs him Rs.115,000. He has a sad story to tell: "As per the demolition plan, I was entitled to have two plots in lieu of my two houses at Akbar Road, measuring 100-square-yard each, which I bought in 1962 and 1992. But I have been allotted only one plot at Hawks Bay despite reported official statements that 'one plot has been allotted against the affectees' single storey and two same sized plots for a double storey building'. Although I have presented my case to high government officials, but no body seems to be interested in solving my case." Buxoo's wife, Iqbal, says that with four families crammed in a four-room house on an 80-sqr-yard plot, they are facing extreme difficulties. "On one hand, the human cost and environmental impact has not been taken care of by the proponents of LEW project; and on the other, the allotment process lacks transparency. They claimed to have issued plots and compensation checks to 3,500 of 5,000 families but never issued the list of allottees," says Muhammad Younus, director, Urban Resource Centre (URC). The irony of the matter is that some people have not gotten plots despite heir genuine claims, while some have been allotted plots although their claims are fakes. According to the civic planning rule, low-income communities should be rehabilitated closer to the place of their livelihood instead of being pushed outside the city. "And this is the reason why people are selling plots at throwaway prices as they cannot afford to live away from the city," says Younus. Only 200 out of 5,000 affected families have moved in to the Hawkes Bay settlement, while construction work started on about 375 plots. The locality has not been provided with any sewerage line. Each family has dug an eight feet deep pit outside the house that is linked to the toilet with a drainpipe. "A serious environment crisis could arise with the arrival of new families," fears Younus. Besides, there is no power or ga |
.
In last one week over 1500 houses were demolished.