KARACHI: Plea put off to enable petitioners to work out compensation terms: Lyari Expressway
By Our Reporter
KARACHI, Aug 13: A division bench of the Sindh High Court on Tuesday adjourned the hearing of petitions challenging removal of settlements from the Lyari river bed for building the expressway until Aug 20, to enable the petitioners “to work out more beneficial terms of compensation” with the authorities.
The bench, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jafferi, passed the order after hearing long arguments, during which it found the counsel “amiable to the idea of disposal of the petitions upon a more beneficial compensation on reasonable terms”.
The bench observed that to facilitate this, the petitioners’ counsel would meet the relevant officials on Aug 17 at 11am in the office of the advocate-general Raja Qureshi. The meeting was proposed by the AG while advocating for the removal of injunction order.
“If the order of injunction is there, the Asian Development Bank will have reservations. The project will not get off and they will not get anything,” said Raja Qureshi.
However, the bench ordered to maintain status quo until next date of hearing.
While arguments were being advanced by the counsel for the petitioners challenging the drive to remove structures from the Lyari river bed and claiming title of the property, law points were raised with regard to vested rights of the petitioners and respondents’ claim that their action was justified.
While counsel of the city government was justifying the operation, Justice Sabihuddin Ahmed observed that if it is a kutchi abadi, it has to be managed accordingly.
“Since it is your land, therefore, you think you can do whatever you want at the cost of those who are there? If it is a kutchi abadi, can the city government use it for any other purpose other than notified in the Kutchi Abadis Act?” Justice Ahmed observed.
He also asked the counsel to satisfy the bench on the effect of MLO 183 on the kutchi abadi ordinance.
When a counsel presented the Kutchi Abadi Authority’s notification, AAG Suleman Habibullah submitted that the notification had been issued without approval.
Justice Ahmed took serious exception to it and observed that “there must be somebody in the government to decide what is right. Why they were not told before.” Mr Habibullah also advanced the argument that the prayer in the petition was for adequate compensation, though some counsel said that their case was totally different.
The court also asked the petitioners to have a dispassionate view of the compensation package. The authorities have offered Rs50,000 along with a plot of 80sq yards with some other benefits.
The advocate-general submitted that the project had been envisaged with the ADB’s funding and if the stay was granted, the funding would lapse.
On compensation, one of the counsel suggested that section 23 of the Land Acquisition Act should be followed.
When a counsel argued that the package was not enough to compensate for the removal of the five-storey structure his client had constructed several years ago, the court observed: “In the name of kutchi abadi you constructed a five-storey building without paying a penny to the government. A citizen who owns a five-storey building cannot live on government’s land without paying.”
Conviction set aside: A division bench of the Sindh High Court on Tuesday set aside conviction of Abdus Sattar Dero, a former board member of Port Qasim, while allowing his appeal against the accountability court judgment and directed the anti-corruption court to try the case afresh.
The bench, comprising Justice S.A. Sarwana and Justice Mujeebullah Siddiqui, announced the judgment on the appeal filed by Barrister Azizullah Shaikh.
The court held that except NAB chairman no one had the authority to transfer a reference in an accountability court. It advised the NAB authorities to be careful in future.
The court ordered to transfer the case to the federal anti-corruption court number one.
