QAU decides to use all legal options to resist Bahara Kahu project

Author: Muhammad Faisal Kaleem

Although Quaid-i-Azam University (QAU) administration seems crestfallen after decision of Islamabad High Court (IHC) in which writ-petition of the varsity against construction of the Bhara Kahu bypass project was flash-out with blank relief but apex committee of the varsity decided to be unfaltering to seeking all legal forums against the project.

According to the information available with Daily Times, the QAU’s committee comprising all Chairpersons and Deans, categorically decided to utilize all provided legal options to resist the move of the Capital Development Authority (CDA). “The Committee decided to approach each higher legal forum to resist this development project as it is out of law,” said an official who was privy to the meeting, adding that the QAU’s bylaws never allowed for using its land for such purposes. “As soon as IHC’s written judgment is received, the administration is completely ready for the next plan of action,” he added.

On the previous day, Justice Miangul Hassan Aurangzeb of the IHC issued a short order in which he gave CDA a go-ahead to resume work on the construction of the Bhara Kahu bypass project. A big piece of university’s land, according to the sources, is being “encroached” by the civic agency in order to execute this project that was earlier approved by the federal cabinet.

Justice Aurangzeb stated that detailed reasons to be recorded later, the instant writ petition, however, is considered dismissed. After the court’s verdict a severe resentment was observed among the relevant quarters including faculty members, students and almamater of the QAU.

Director Academics and former President of Academic Staff Association (ASA) Dr Muhammad Ishtiaq Ali said “the education and protection of educational institutions are integral for success of any nation. honorable court turned down university’s writ-petition which shows our national priorities,” he writes on his personal twitter handle.

Moreover, QAU teachers and students also staged a protest on the aforementioned project’ site. In a unique way to record their protest, some faculty members held classes on the site in open air while sitting on earth.

The 5km-long road (including a 1-km flyover) will start from Murree Road near QAU stop and culminate on Murree Road near the Jugi bus stop adjacent to Punjab Cash and Carry from where a flyover will begin which will end outside Bhara Kahu bazaar towards Murree.

As per CDA plan 199 Kanal of the university will be used for the bypass project as it is 250 feet right away from the other part. On the other hand, as per Environmental Impact Assessment (EIA) report it is 600 feet right away which means 500 Kanals of the University land being utilized for this construction cause.

Initially, the development project was approved by Prime Minister Shehbaz Sharif and also wetted by the Federal Cabinet. PM Shehbaz Sharif also on September 30 laid the foundation stone of this project and directed the National Logistics Cell (NLC) to complete the project in three months.

The move then generated controversy. Earlier in this month, the QAU administration and some faculty members approached IHC against that decision of the federal cabinet and requested the court set aside this for being illegal and unlawful.

As a result of the petition by the faculty members, the matter had been referred to the federal cabinet which subsequently approved recommendations of a subcommittee to resolve the dispute between the civic body and the varsity over the project. The subcommittee had recommended that the CDA be directed to fulfill its commitments vis-à-vis QAU, enlisted in minutes of a meeting dated October 21, 2022 of the syndicate of the university as subsequently reformulated by the cabinet committee as per applicable law, rules and regulations.

In its petition, the QAU asked the IHC to “declare the decision of the CDA Board in the meeting held on June 17, 2022 regarding construction of the bypass through the land of QAU void. As per petition, the CDA board’s decision was taken by the federal cabinet subsequently.

The sources said that the QAU has been offered by the CDA authorities to provide alternative land but after the IHC’s verdict the “no chance for the University to get any compensation or institutional benefit from the civic agency or federal government.

Some officials in the QAU of the view that instead of making confrontation, the university administration should have resolved the matter through table talk and on a tit-for-tat basis. “There are many longstanding issues of the varsity that fall in the jurisdiction of the CDA. So, if university management would have talked CDA’s authorities to make them done there was no harm,” suggested an official who wished not to be named.

A senior faculty member Dr. Fouzia Farooq Ahmed also wrote a letter to National Commission for Human Rights (NCHR), stating that the students and faculty of the university feel stressed and anxious due to construction of the said project.

“What made this project special was that it proposed to alleviate the congestion for travellers to Murree by breaking the QAU campus into two isolated halves, ” she recalled, requesting the human rights watchdog to take due action against this HR violation.

When contacted, Registrar Dr Raja Qaiser Ahmed told this scribe that he will execute all directions passed by the competent authority in this regard. The QAU runs without vice chancellor while Chairpersons and Deans committee is looking after all such affairs these days. News Desk

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