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Fidelis Munyoro-Chief Court Reporter

A High Court legal battle is raging between Alexandra Park residents on one side and Harare City Council and a fuel company on the other, over the construction of a petrol filling station at the junction of Swan Drive and Churchill Avenue without the required public consultations.

The residents have launched a legal action to have the development nullified since they allege the compulsory for public participation by area residents on the change of use of the land was not done despite the site being close to houses.

They also want an urgent High Court order stopping work on the development until the court has made its decision over the main suit.

There are fears among the residents that the fuel dealer could have brow-beaten officials at the council to circumvent the legal procedures in seeking the mandatory approvals.

More than 400 residents and interested stakeholders around Alex Park, Gunhill, Borrowdale and Mt Pleasant fronted by Mrs Elena Gonye signed a petition with the city council stating their objections against such the development.

They accused council officials of not involving residents before such projects are sanctioned.

Last week, the residents launched a class action at the High Court to bar the prospective development after Redan Kerosene (Pvt) Ltd moved onto the site to start works for the establishment of the pump station and fast food outlet.

The respondants for the suit are listed as Redan, Mr Mark Campbell Hounsell, City of Harare and town planner Mr Mudzengerere and residents voiced their disquiet over adverse impact, the fuel station will predispose to the residents.

According to the papers, Mrs Gonye, who is representing the residents, stated that they objected to the development, arguing it is contrary to the development existing in the area and will have deleterious impact on the locality.

The development is also set to effect substantial changes to both Swan Drive and Borrowdale Road.

“Applicants submit that a petrol station and fast food restaurant would seriously impact on the residential suburb in terms of increased traffic, intolerable noise pollution, contamination of underground water and would pose a deadly health hazard to residents who would live in close proximity to the fuel,” stated Mrs Gonye in her founding affidavit.

“In addition the changes to the public road would lead to a lethal traffic chaos in the area and would need to be fully investigated by experts in the road traffic department.”

While the council’s Mount Pleasant office said the developer has a full set of documents approving the works, residents’ bid to have council furnish them with the copy of the physical document as evidence, has failed, although numerous attempts have been made through their legal counsel.

They also argue that they have done everything possible as is required by the law to pursue their objections and instead have been faced with a “wall of silence”, from the council.

The residents are pointing an accusing finger to the council officials for facilitating the development and aiding violations of regulations for such commercial enterprises within the luxuriant suburb.

In the event that the permit had since been granted, the residents want that decision reviewed on the grounds that it was biased, procedurally incompetent and invalid, hence must be nullified.

In the meantime, the residents have also filed an urgent application for an interim order stopping the works underway at the property until the dispute is finalised.

They request the court’s urgent attention as Redan and Mr Hounsell have commenced construction on the site, without allegedly following proper procedures.

“This construction has prejudicial effect on the applicants as interested parties and without the intervention of the court on an urgent basis, such prejudice is irreversible,” read the urgent application.

In this regard, the residents say as members of the public who live in the area are entitled to the protection of the law and to having their objections heard before they are rendered a senseless thunderbolt.