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A legal battle has erupted between Alexandra Park residents, Harare City Council, and a fuel company over the construction of a petrol station without proper public consultations. The residents claim that the required public participation was not carried out, as the site is close to residential areas.
They have initiated legal action to nullify the development and are seeking an urgent court order to halt construction until a decision is reached. The petrol filling station was constructed at the junction of Swan Drive and Churchill Avenue. The development is also set to effect substantial changes to both Swan Drive and Borrowdale Road.
Last week, residents initiated a class action in the High Court to prevent the establishment of a pump station and fast food outlet by Redan Kerosene (Pvt) Ltd. The suit includes Redan, Mr. Mark Campbell Hounsell, the City of Harare, and town planner Mr. Mudzengerere. Residents expressed concerns about the adverse impact the fuel station would have on the locality.
Mrs. Elena Gonye, representing the residents, stated that they objected to the development, citing its contradiction to the existing development in the area and its detrimental effects on the local community. Mrs Gonye stated in her founding affidavit:
<blockquote>
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.
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.
</blockquote>
The residents say despite multiple attempts through their legal counsel, they have failed to obtain a copy of the physical document approving the works from the council’s Mount Pleasant office. They argue that they have fulfilled all legal requirements in pursuing their objections but have faced silence from the council.
The residents accuse council officials of facilitating the development and violating regulations for commercial enterprises in the suburb. If a permit has been granted, the residents demand a review based on bias, procedural incompetence, and invalidity, with a call for nullification. Meanwhile, the residents have urgently applied for an interim order to halt construction until the dispute is resolved, citing allegations that Redan and Mr. Hounsell have proceeded without following proper procedures. They seek the court’s prompt attention to the matter.
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