PHOTO: FILE
A two-judge bench, headed by Justice Irfan Saadat Khan, further ordered the authorities to ensure that the project was opened for the public by January 1, 2018.
In case of failure, a stern action, as permissible under the law, will be taken against those found responsible for the delay and non-implementation of this order within the stipulated time, warned the judges.
The bench passed this order while hearing a petition filed by the affectees of the Lyari Expressway project, seeking direction for the authorities concerned to compensate them against acquisition of their lands for the project.
The Lyari Expressway project was launched in 2003.
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The petitioners, Bilal Haroon and five others, had cited the federal finance secretary, provincial chief secretary, Karachi commissioner and Lyari Expressway rehabilitation project director as respondents.
The petitioners informed the court that the federal government had acquired their lands located in Sher Shah and Sohrab Goth localities in 2006 for the project against assurance of monetary compensation. They claimed that they did not receive the promised compensation despite approaching the authorities several times, adding that the Rs20,000 per square yard was the compensation amount promised by the government.
Advocate Shoukat Ali Shaikh argued that the plots of the petitioners acquired for the Lyari Expressway measured between 1,000 and 2,100 square yards. He recalled that the federal finance ministry had, in 2014, released the compensation amount to the provincial finance department. However, then provincial finance secretary made payments to the contractors for the construction work, but ignored the petitioners.
During Tuesday's proceedings, the lawyer informed the judges that on October 25, the court had ordered the respondents to ensure that the payment was made to the affectees at any cost within one month.
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He mentioned that the court had also observed in the past that financial considerations were involved in the matter and therefore warned to refer the matter against the officials concerned to the National Accountability Bureau.
Advocate Sheikh pleaded to the court to initiate contempt of court proceedings against then provincial finance secretary who did not compensate the petitioners despite the court's clear directives.
The bench observed that the project had to be completed in 2013 and the Sindh chief minister had announced this year that both the tracks will be made fully operational by August 14, but nothing had been done so far.
They further observed that since the expressway was the government's commercial project, as toll tax was collected from the motorists, its cost had increased from Rs3 billion to Rs23 billion during the period since it was launched.
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The bench also noted that the project had not yet been fully completed and as a result the citizens remain stuck in traffic jams. Therefore, the judges ordered the provincial authorities concerned to ensure that both the tracks of the Lyari Expressway project were completed by December 21. They further ordered to open the expressway for the public by January 1, 2018.
Advocate Shaikh pointed out that the National Highway Authority (NHA) had to complete this project therefore NHA authorities may be called to explain the timeframe for its completion.
The bench directed the petitioner to implead the NHA chairperson as respondent in the petition so that notice could be issued to him.
Meanwhile, the bench directed the office to communicate a copy of its order to the NHA chairperson for intimation. Next hearing on the matter was fixed for January 16.
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