HYDERABAD: The Hyderabad circuit of Sindh High Court on Wednesday ordered removal of toll plaza at the Jamshoro bypass, terming it illegal and unconstitutional.
A division bench comprising Justices Salahuddin Panhwar and Mohammad Iqbal Mahar further ordered that the National Highway Authority (NHA) could not collect tax at the illegal toll plaza.
The judges said they would record detailed reasons on the petition later and disposed it of with a short order. It was filed by Syed Ayaz Ali Shah and Sher Mohammad.
On Nov 10, the court had suspended the recovery of toll at the toll plaza and bypass road till Nov 16.
NHA’s counsel Ishrat Lohar and Yasir Shah filed an application, asking the court to recall its Nov 10 order. The bench heard counsels for the parties before passing the order.
The court said: “Toll tax established at the Indus river bridge, as called bypass toll tax, is void, illegal, unconstitutional and the NHA could not charge the same. Thus toll plaza established there shall be removed within 15 days.”
The order said that there would be deployment of Motorway police and at least three cars and five motorcycles on the bypass road, which was from Hyderabad city to facilitate smooth travelling of people to avoid any disturbance.
It restrained the Hyderabad Development Authority (HDA), Sindh Building Control Authority (SBCA) and NHA from issuing any no objection certificates (NoC) for both sides of the bypass road.
It said the NHA would ensure that at least two lifters would be available round the clock at the bypass and near Jamshoro toll plaza for removal of vehicles in case of any road accident.
The court said that all buildings constructed on the road would not be given direct excess to the road. The HDA and SBCA would ensure that there would be separate approach roads and not the direct bypass road.
The NHA would raise a fence and ensure that any type of vehicles would have access to main roads constructed by the provincial highway department, district government or the NHA.
No one would be allowed to have direct access to the bypass except for five roads connected from the city side. It said a wall and the fencing would be constructed from either side within one month.
The NHA would ensure that there would be no gap except for U-turns and all gaps shall be filled without delay.
The NHA deputy director informed the court that there was a scheme to link the road from Jamshoro to M-9 near Hatri by constructing a bridge on the Indus river, which was part of the Motorway, but he could not give any definite time to it. He said that such process would be completed preferably in near future.
The court ordered the HDA and SBCA would ensure that if any buildings constructed off bypass or within the approved plan have any illegality or violation of the plan, that portion would be removed/demolished forthwith.
It observed as far as the title of the dispute of plot and legal character of the subject plot was concerned, the petitioner was at liberty to approach civil court for adjudication.
In their plea, the petitioners had prayed the court to direct the HDA, NHA, deputy commissioner and the SBCA to demolish unlawful construction of a commercial project off the main Superhighway by a private respondent, Khalid Hussain Rahujo.
They said the private respondent in collusion with officials had launched a seven-storey project of flats close to the Superhighway illegally.
Published in Dawn, November 17th, 2016