KARACHI: Expressway case Petitioner files rejoinder affidavit
By Our Reporter
KARACHI, April 16: When the petitions challenging demolition of settlements to pave the way for the Lyari Expressway came up before a division bench of the Sindh High Court on Tuesday, counsel for PIB Colony Housing Society filed a rejoinder affidavit claiming that allotment had been issued to the Society on October 1, 1948, for 99 years.
The bench comprised Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi.
Representing the Society, counsel Shaukat Ali Shaikh took the position that the petitioner was not a kutchi abadi because its allotment had been made in 1948, much earlier than the Katchi Abadi Act of 1986. Master plan of the Society was approved by the KMC.
He submitted that the petitioner, as well as its members, were not encroachers or unauthorized occupants of land of the respondents.
The petitioner’s contention was that allotments were purely legal as the petitioner and its members had legally acquired the land and spent huge amounts to build their houses.
It was the petitioner’s contention that when the project was announced by the KDA in 1986 no objections were raised about the members of the Society, but this time the city government was trying to deprive the petitioner of their basic fundamental rights, without realizing loss to the individuals and, consequently, that of the nation.
This project had not fulfilled requirements of the public, the petitioner maintained, saying the project was commercial in nature as the city government planned to earn more than the cost. The petitioner was of the view that the manner in which the city government was proceeding with the project without final map and survey was not proper.
The petitioner also objected to the offer of 80 square yards-plot in compensation, and said it was not justified as many people had much bigger plots and they had built houses according to approved plan at huge costs.
When the matter came up for consideration, the advocate-general submitted that the National Highway Authority had made a film about the project and requested the bench to view it. The bench agreed on the condition that the petitioners’ advocates would also watch the film.
Accordingly the film was screened in the chambers where counsel Shaikh raised objection about the number of vehicles which are expected to pass through the Expressway. Counsel Fazle Ghani also asked questions about the project.
The AG Sindh, Raja Qureshi, gave an undertaking to provide the required details. The hearing was then adjourned to April 24.
The Lyari riverbed of 100 metres on either side had been encroached upon and about 1.5 million square yards government land was occupied illegally by land mafia.
The project cost has been estimated at Rs4 billion, and it will be completed in 36 months. Funded by the federal government, the first tranche of the project, Rs500 million, allocated in the federal budget, has been released.
