- Goal Diggers
- Guest Diggers
East Park Mall’s bid to halt Arcades round about construction flopsBy Zondiwe Mbewe on 8 Oct 2019
The Lusaka High Court has dismissed an application in which Graduare Property Development Limited, a company which constructed East Park Mall, was seeking leave to commence Judicial review proceedings against Minister of Local Government’s decision to continue implementing the proposed Lusaka Roads Decongestion Project.
Graduare Property Development, which had cited the Attorney General as respondent in the matter, was seeking a declaration that as an owner and operator of a major business in the project area, they had the right to be consulted by the State and that an agreement must be arrived at between them and the Ministry of Local Government before the fly over bridge could be constructed.
They were also seeking an order certiorari quashing the Attorney General’s decision to construct a fly over bridge at the Arcades Road about since there was no approval from ZEMA, and further, an order quashing government’s decision to construct an “illegal fly over bridge” at the Arcades roundabout that is different from the fly bridge being constructed in Makeni area.
Graduare Property Development was further seeking, among other claims, an order of prohibition to restrain the respodent from constructing a 600 meters fly over bridge on Great East that restricts access to East Park mall as a result of applying different specifications to the 1 kilometre fly over bridge being constructed on Kafue road in Makeni.
In an affidavit verifying facts, the company director Diego-Gan Maria Casilli had stated that his company constructed East Park Mall at a cost of US$110,000,000 over the last six years and was still expanding the mall.
Casilli stated on January 26, 2018 the Ministry of Local Government through its consulting engineers, submitted an Environmental and Social Impact Statement (ESIS) to ZEMA in relation to the proposed Lusaka Roads De-congestion Project.
He stated that it was asserted that the Social Impact Statement submitted to ZEMA by government did not contain any specifications in relation to what the project would entail at the Arcades roundabout.
“The Social impact statement only made reference to widening of the Great East Road to six lanes from four lanes with no mention of a fly over bridge at the Arcades roundabout,” read the affidavit.
Casilli stated that the Minister had not consulted and agreed with his company on how the road widening at the entrance of East Park Mall of Great East Road should be conducted.
He stated that the Ministry of Local Government was trying to force Graduare Property Development and the businesses operating in the project area to meet the cost of having the under pass even though the cost should be borne by the developer of the project, which the applicant felt was unfair, irrational and illegal.
Casilli argued that his company believed that the Makeni fly over bridge and under pass was not being paid for by the businesses operating in the Makeni area.
“The applicant was currently working on an additional of more shops amd more investment at East Park Mall and this phase would be relying on its own access to the mall. The applicant would suffer damages in the estimated amount of US$20 million if the illegal construction of the bridge was implemented by the Local Government Ministry,” read the affidavit.
But in response, then Local Government permanent secretary Amos Malupenga stated that he believed all the stakeholders including Graduare Property Development, had been consulted from inception since the year 2017 and engaged on this project to the extent that over K80 million had been paid in form of compensation to private persons and entities affected by the said works.
And in his ruling, judge Chitabo said this was not a fit and proper case to grant leave to commence judicial review proceedings.
He said the court had not been presented with a decision that Graduare Property Development wished to challenge and the applicants were out of time to commence these proceedings.
Judge Chitabo said even if Graduare Property Development had been within time, it had not exhausted all remedies available to it under the Environmental Management Act which had not been sought prior to commencing the proceedings.
He accordingly dismissed the application for leave to commence judicial review proceedings and ordered that each party bears it’s on costs.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- Soko not entitled to any of his claims, RTSA tells court - 21 Feb 2020
- Kambwili has the right to criticize govt, ZNBC staffer tells court - 21 Feb 2020
- ConCourt throws out LAZ’s application to jail Tutwa for contempt - 21 Feb 2020
- Court orders release of IMS boss’ passport - 20 Feb 2020
- $1m claim in costs by Rephidim, 2 others is inflated, says Vedanta - 20 Feb 2020
- PF official gets terrorism charges over gassing (16,897 views)
- Where is the father while the mother weeps “amwa peeling?” (11,110 views)
- ACC probes Health Minister for corruption (9,159 views)
- Lungu renews Bible Society membership, as netizens drag him back to gassing (4,857 views)
- Those lying about knowing gassing masterminds will be charged for causing alarm, warns IG (4,113 views)
Subscribe for news email alerts
ArchivesMar0 PostsApr0 PostsMay0 PostsJun0 PostsJul0 PostsAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- «February 2020»
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- The real ritual killer is The Mob
- Those lying about knowing gassing masterminds will be charged for causing alarm, warns IG
- Please China, spare us from Coronavirus
- Careless comments on gassing will breed chaos – ZCCB
- PF official gets terrorism charges over gassing
- It’s every man for himself under Lungu – Milupi
- ACC probes Health Minister for corruption
- Chilubi outcome shows 2021 polls won’t be free and fair – AVAP
- Criminals are changing tactics, soldiers can’t root them out instantly – Chama
- Bill 10 has polarized Zambia – Kabimba
- Lungu renews Bible Society membership, as netizens drag him back to gassing
- Soko not entitled to any of his claims, RTSA tells court
The News Diggers
Deputy News Editor
Send this to a friend