KARACHI, Dec 10: The Sindh High Court has directed to repeat notices to the Federation and the provincial government for Dec 21 in the constitutional petition filed by Sadiq Ali following takeover of certain portion of his land by the National Highway Authority, without compensation.

The petition filed through counsel K. M. Nadeem had come up for hearing before a division bench comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jaferi.

It is the case of the petitioner that he is owner of a piece of land measuring about 22 acres running alongside the National Highway.

Earlier, about three acres of his land had been acquired by the government for constructing the National Highway and compensation was duly paid. However, with the passage of time gradually the National Highway was extended thereby encroaching upon additional land for its expansion without acquisition proceedings and without payment of compensation. Thus about 4,734 square yards of the petitioner’s land were allegedly encroached upon which, according to the petitioner, was worth Rs5,000,000

Besides, he contended that there were certain provisions of the National Highway Authority Act of 1991 and Rules which contravened the provisions of articles 2-A, 23 and 24 of the constitution which guaranteed ownership proprietary and possessory rights to the citizens of Pakistan, prohibiting deprivation of such property without payment of compensation and as such the provisions were liable to be struck down.

Earlier notices were issued by the court to the respondents: the Federation of Pakistan, province of Sindh and National Highway Authority.

When the matter came up before the division bench on the previous date of hearing, no one was present on behalf of the Federation of Pakistan and the Province of Sindh.

But Abdul Waheed Siddiqui appeared for the National Highway Authority and submitted that his comments were ready to be filed, but for want of signature of competent authority he sought time.

The court acceded to his request and granted time, simultaneously ordering repetition of notices to the Federation and the province of Sindh and also to deputy attorney-general for Pakistan and adjourned the hearing to Dec 21.