SHC orders Sindh govt to continue arguments

RECORDER REPORT

KARACHI: Sindh High Court (SHC) on Wednesday ordered provincial government to continue its arguments in a dispute with NHA, which Sindh government accused of selling lands in province under the garb of ‘right of way’.

The division bench of SHC headed by Justice Hassan Azhar Rizvi was hearing a petition of NHA against the provincial government over its dispute with Sindh Government about ownership of land utilized in construction of M-9 and collection of toll tax.

Additional Advocate General Shabir Shah pleaded in the court that province owns the land and if federal government or any other authority needed it, they should adopt a lawful way to acquire right of way.

However, NHA is selling the land in Sindh in the garb of right of way whereas the mutation given to the authority has been cancelled, provincial attorney stated. NHA is carrying out the repairing of M-9 Motorway, Additional Advocate General submitted when bench inquired about the authority responsible for the task of repairing the said part of motorway between Karachi and Hyderabad.

Shabir Shah said mechanism has been specified in the law about acquiring the private and public property. He contended that NHA can’t collect the toll tax without paying the cost of the land utilized for construction of M-9. Bench ordered Sindh Government to continue its arguments in this matter in the next hearing, which would be held on October 04.

NHA’s petition has made former chief secretary Rizwan Memon, former secretary Works & Services and secretary Land Utilization respondents in the case. NHA’s counsel pleaded that 95 percent work on M-9 has been completed, whose land is owned by federal government and NHA has all the right to utilize it. He contended that provincial government wants to take control of collection of toll tax and all the hurdles being created in the way of construction of M-9 signal about its policy towards it. He argued that land utilised for construction of M-9 has been federalised under West Pakistan Highway Ordinance 1959 and pleaded that provincial government is committing violation of law by claiming its right over collection of tax.

NAH’s counsel prayed the court to restrain Sindh govt from creating the hurdles in the way of construction of M-9.

Meanwhile, a division bench of SHC sought the reply from Board of Revenue for interfering in the matters of land owned by Karachi Development Authority (KDA).

Bench was hearing a petition about Chishti Nagar Goth in Gulistan-e-Jauhar, which KDA’s counsel said are being set up by officials of BoR in connivance with the land mafia.

Bench putting off the hearing of petition for October 18 directed BoR to appear in the hearing through the officials related with the issue.