‘Road to go through agri university’

SHC turns down varsity's plea to spare orchards having research work trees

HYDRABAD:

The Sindh High Court has dismissed the plea of Sindh Agriculture University Tandojam for realigning a small part of the 9.66-kilometre long bypass on Hyderabad-Mirpurkhas Road.

In its detailed judgment the Hyderabad Circuit Bench ordered the Sindh government to go ahead with the project and to complete it in time by acquiring 13.24 acres of the varsity's land.

"... it is well settled that the acquiring agency has the sole discretion and authority to see the suitability of the land for the purpose of acquisition; it is the will, choice and selection of the government of the acquiring agency with regard to a land which stands paramount," the verdict read.

The bench observed that a land's owner has no right whatsoever to hamper such will of the state except to demand reasonable compensation.

"... if the stance of the university is correct for the sake of argument, even then the varsity has no locus standi to question the acquisition," the bench stated.

The Sindh government approved the bypass project in 2010 in order to provide smooth flow of traffic on the 66-km road and to avoid causing traffic hazards for the residents of Tandojam town.

The highways division revised the first and second alignments before finally settling down for the third alignment which was approved in 2018. A total area of 92.32 acres was to be acquired for the bypass including 13.24 acres which belongs to the university. On October 8, 2020, the provincial government notified the acquisition.

Dr Mujahid Hussain and Dr Zahoor Ahmed Soomro, both faculty members, filed a petition against the varsity's land acquisition for the road. On February 23 the SHC observed that the petitioners had no locus standi over the subject matter after which the university's vice chancellor was asked to become the petitioner, replacing the two teachers.

Although the teachers pleaded the court to add them as the petitioners, the bench turned down their request.

However, the VC did not sign the amended petition as he had earlier supported the same grounds of the petitioners and opposed the government's bid. The petitioners, represented by advocate Ali Ahmed Palh, had maintained that the said road would pass through research agriculture farms of the university where a mango orchard and experimental farms existed. They contended that their research work as well as the farm and its irrigation system would be affected by the project and that the university would also be deprived of the income generated from the farm.

They had alleged that an executive engineer of the highways division owned the land which could have provided an alternate route. However, that individual official saved his land by choosing the varsity's land for the project, they added.

Advocate Muhammad Arshad S Pathan, who represented the university in the SHC hearing, argued that a land used for benefit of the public cannot be acquired for any other public interest or purpose. He also referred to a case wherein Punjab University's land acquisition was set aside by the Supreme Court of Pakistan.

The road's contractor M/S Bhitai Builders prayed the court to order the government to complete the acquisition process so that they could complete the remaining 1.66 kms portion. Advocate Imdad Ali R Unar, counsel of the contractor, claimed that his client is suffering huge financial losses due to the ongoing litigation which has delayed the project completion.

The revenue department in its report refuted the varsity's stance that a mango orchard existed on the said land. Rather, it claimed that the varsity cultivated cotton, sugarcane and wheat crops which were later auctioned. The court also noted that the varsity has not produced any material evidence verifying the existence of the orchard.

The Additional Advocate General Allah Bachayo Soomro also opposed the university's stance, arguing that the road project is also being executed for the public interest. He said under the law it is discretion of the government to decide route and required lands for a road project.

Published in The Express Tribune, July 11^th, 2021.