KARACHI: Expressway a commercial project, says counsel: Final hearing on 22nd
By Our Reporter
KARACHI, March 20: Several petitions filed for seeking relief against demolition of their valuable property from some areas which formed path of the 16.5 km-long Lyari Expressway with further demand for adequate compensation came up before a division bench of the Sindh High Court on Wednesday.
The bench comprised Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi.
It was contended that petitioners were owners of property whereas the city government had launched a major operation to remove encroachments.
Shaukat Shaikh advocate, representing some of the petitioners contended that the project was a commercial project and not for the welfare of the people. In this context, he cited from the press conference of the City Nazim who had stated that the city government would charge fee from every vehicle using the track.
He maintained that the petitioners could not be removed without proper compensation.
Mr Fazle Ghani, representing another set of petitioners, contended that even if they were encroachers, yet they cannot be treated differently to the petitioners having lease-hold rights.
The counsel for the City Government was confronted with the aspect as to how the petitioners could be deprived of the rights of 99 years lease executed by the predecessor of the KMC.
Intervening at this juncture, advocate general Sindh, Raja Qureshi requested for adjournment to ensure presence of representatives of provincial government and the city government.
The AG contended that the position taken by the City Government was the position adopted by the provincial government. He further contended that provisions of the Land Acquisition Act were not applicable in respect of maintainability of the petitions. He said that land is not being acquired but it was being taken over under the Katchi Abadi Act. He further placed reliance on Sindh Public Property (Removal of Encroachment) Act, which authorized the government to remove encroachments together with structures within three days.
If the parties are dissatisfied, they could file a revision within seven days before the government or the Authority.
Justice Sabihuddin Ahmed observed that removal cannot take place until revision had been decided. He also inquired as to what will happen to the lease-holders.
He further relied on Section 20 (2) (3) of Sindh Katchi Abadi Act 1987 which authorise removal of encroachment. He said the project was of national importance and claimed that no compensation to the encroachers was mandated in law.
The matter was adjourned to March 22 for final hearing.
