HYDERABAD, Aug 11: The Sindh High Court, Hyderabad circuit bench, on Saturday has issued notices to the secretary, Highway (Sindh); the chief engineer, Highways; and the land acquisition officer on a constitutional petition, praying for monetary compensation to be paid by the Highways’ demand for acquiring 15 acres of land of seven petitioners for the construction of the Tando Adam circular bypass.

The notices were issued for Aug 21.

The petitioners claimed that they were holding their lands in the Taluka Tando Adam and in 1999 the respondents decided to build a by-pass road known as the Tando Adam circular by-pass road which trespassed through their lands, which they did without signing any agreement under the Land Acquisition Act (LAA) as no notice under section 4 or any provision of the LAA had been issued by the respondents.

The petitioners had complained verbally and in writing to the respondents against the construction of the road without completing the requirements of the LAA but they paid no heed.

They sent applications and other representations to the respondents which fell on deaf ears. Ultimately the petitioners gave a notice to the secretary, Highways, but in vain.

However, the executive engineer, Highways, and the assistant engineer, provincial highways sub-division, wrote a letter to the petitioners for measurement of the area and location of the alignment on deh maps on August 6, 2001 for the purpose of acquisition but the matter remained in cold storage without any action being taken.

The petitioners said that while they kept complaining against the construction of the road, the respondents continued their construction work which has now been completed and would be opened to traffic in a few days.

It would be pertinent to point out here, the petitioners said, despite completion of the road no action was taken for acquisition of the land under the LAA.

They said that the respondents had razed the houses and huts including a village and the petitioners were also within their rights to claim damages for the losses.

The petitioners submitted that the respondents had been adopting delaying tactics.

They prayed the court to direct the respondents to pay compensation to them for acquiring the land of the petitioners at the rate of Rs100 per sq ft.

They requested the court to direct the respondents to remove and dismantle the road and restore the land of the petitioners in the original condition at their own cost.