KARACHI: Judgment reserved on expressway petitions
By Our Reporter
KARACHI, Aug 23: The Sindh High Court reserved on Friday judgment in petitions challenging demolition work being done in connection with the Lyari Expressway project and directed that, in the meantime, those who accepted the compromise formula might file application with the advocate-general Sindh by Monday.
When the matter came up before a division bench, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jaferi, many of the advocates submitted that the government’s package of compensation was not acceptable.
Shaukat Shaikh, representing some of the petitioners, made counter-proposals for compensating the affected people.
He proposed that the leases/allotment orders and Sanad had been granted by the departments of the Sindh government to the petitioners. Their cases should be dealt in accordance with the Land Acquisition Act of 1894.
It was the contention of the petitioner’s counsel that the respondents had questioned the genuineness of the lease and other documents filed by the petitioners. So who would determine the claim of genuineness, to meet the condition contained in the proposal.
Mr Shaikh also proposed that payment of compensation should be given to the affected people before demolition of their property.
The Advocate-General Sindh, Raja Qureshi, however submitted that he was unable to amend the proposal.
After meeting counsel for the petitioners last Saturday, on the court’s directives, Mr Qureshi had proposed that if the leases possessed by the petitioners were genuine, having been executed by the competent authority in accordance with law along with approved building plan, then compensation would be provided to the lease holder in accordance with the provisions of the Land Acquisition Act.
If the payment made by the lessee was in excess of Rs50,000, then the total amount paid by the lessee would be refunded to the lessee along with 80 square yards plot.
He had also proposed that in multi-storey buildings each floor would be taken to be an individual family unit, entitled to receive the same compensation of Rs50,000 and the plot. Compensation on multi-storey buildings should be paid on floor basis and to physical occupants.
The court suspended proceeding for about an hour to enable the petitioners’ counsel to consult their clients and come to some acceptable decision.
After the break again advocate Shaikh came up with an amended proposal which said all the affected people should be given notice and after verifying their documents, if found right, then they should be given compensation at the market rate and three months’ time to vacate their premises.
The advocate-general rejected the proposal saying it was not possible.
Justice Ahmed, however, said anyone who accepted the government’s proposal, they should give application to the AG, and reserved the order.
