NHA can no longer collect toll tax on Indus Highway
SHC irked by noncompliance of its orders to provide ambulances, police on highway
This Larkana-bound passenger coach split into two after it collided with a truck on Indus Highway. PHOTO: APP
HYDERABAD:
The Sindh High Court (SHC) has restrained the National Highway Authority (NHA) from collecting toll tax on the Indus Highway. The move comes after the authority failed to comply with the court’s November, 2016 order.
Expressing concern over high occurrence of the accidents, the SHC ordered on Friday the federal government to catalogue accidents that occurred on the Indus Highway during the last five years and investigate their causes. The bench, comprising justices Salahuddin Panhwar and Fahim Ahmed Siddiqi, pointed out that in the light of that federal report about the accidents, the victims or their families may claim compensation or sue the NHA. The investigation has to be completed within three months as per the order.
The bench also issued show cause notices to the chairperson of the NHA and Motorway Police inspector-general, asking them to satisfy the court as to why contempt proceedings should not be started against them.
SHC tells Sindh govt to prepare highway policing mechanism
"... we direct the federal government to constitute a high level committee comprising at least three officers; the province of Sindh shall be taken on board; IGP Sindh shall be member of that committee," the order reads. The committee will have to list all accidents on the highway, while also specifying the cause of each accident and pointing out faults in the road design and responsibility.
"... we are not aware of the fact that any compensation was paid to the victims or their families who lost their lives because of designing or over-speeding due to the improper arrangements," the judges noted, adding that an improvement in maintenance of the highway and traffic regulation cannot be brought about without realising and overcoming these problems.
In November, 2016 the SHC ordered the NHA and Motorway Police to depute four motorway police vehicles and ambulances on the Jamshoro-Sehwan stretch of the Indus Highway within 15 days. But in each subsequent hearing the court noted non-compliance of its orders.
Two killed, three injured in road accidents
"... we are of the view that until and unless facilities in the shape of ambulance service and motorway police are not available on this road NHA is not competent to receive the toll tax. Accordingly, we restrain them from collecting toll tax unless order passed by this Court in November, 2016, is complied with."
Advocate Zubair Ahmed Rajput, the NHA's counsel, said the order is being complied with as 3,869 posts will be filled in the NHA and Motorway Police in 2017-18. According to him, the 328 kilometre section of the Indus Highway from Jamshoro to Ratodero is also part of that plan. But the court noted that the same excuses of having floated the summaries are being made time and again.
During the hearing on August 24, the SHC directed the Sindh government to submit a report about the highway policing mechanism for the highways in the jurisdiction of the provincial government. On Friday, the additional advocate-general sought more time for compliance. However, the bench gave only 15 days to the AAG, underlining that it was their last chance.
The Sindh High Court (SHC) has restrained the National Highway Authority (NHA) from collecting toll tax on the Indus Highway. The move comes after the authority failed to comply with the court’s November, 2016 order.
Expressing concern over high occurrence of the accidents, the SHC ordered on Friday the federal government to catalogue accidents that occurred on the Indus Highway during the last five years and investigate their causes. The bench, comprising justices Salahuddin Panhwar and Fahim Ahmed Siddiqi, pointed out that in the light of that federal report about the accidents, the victims or their families may claim compensation or sue the NHA. The investigation has to be completed within three months as per the order.
The bench also issued show cause notices to the chairperson of the NHA and Motorway Police inspector-general, asking them to satisfy the court as to why contempt proceedings should not be started against them.
SHC tells Sindh govt to prepare highway policing mechanism
"... we direct the federal government to constitute a high level committee comprising at least three officers; the province of Sindh shall be taken on board; IGP Sindh shall be member of that committee," the order reads. The committee will have to list all accidents on the highway, while also specifying the cause of each accident and pointing out faults in the road design and responsibility.
"... we are not aware of the fact that any compensation was paid to the victims or their families who lost their lives because of designing or over-speeding due to the improper arrangements," the judges noted, adding that an improvement in maintenance of the highway and traffic regulation cannot be brought about without realising and overcoming these problems.
In November, 2016 the SHC ordered the NHA and Motorway Police to depute four motorway police vehicles and ambulances on the Jamshoro-Sehwan stretch of the Indus Highway within 15 days. But in each subsequent hearing the court noted non-compliance of its orders.
Two killed, three injured in road accidents
"... we are of the view that until and unless facilities in the shape of ambulance service and motorway police are not available on this road NHA is not competent to receive the toll tax. Accordingly, we restrain them from collecting toll tax unless order passed by this Court in November, 2016, is complied with."
Advocate Zubair Ahmed Rajput, the NHA's counsel, said the order is being complied with as 3,869 posts will be filled in the NHA and Motorway Police in 2017-18. According to him, the 328 kilometre section of the Indus Highway from Jamshoro to Ratodero is also part of that plan. But the court noted that the same excuses of having floated the summaries are being made time and again.
During the hearing on August 24, the SHC directed the Sindh government to submit a report about the highway policing mechanism for the highways in the jurisdiction of the provincial government. On Friday, the additional advocate-general sought more time for compliance. However, the bench gave only 15 days to the AAG, underlining that it was their last chance.