The Sindh High Court (SHC) on Friday ordered a joint demarcation of the right of way (ROW) of the M-9 motorway in relation to disputed private lands within 60 days and directed the immediate removal of encroachments on green belts and service roads.
The court ordered that until the demarcation is completed, all parties must maintain the status quo regarding possession of privately owned land.
The order was issued in response to petitions challenging the non-acquisition of private land for the construction of the M-9 motorway and alleging encroachments on green belts and service roads along the Super Highway.
The petitioners stated that the National Highway Authority (NHA), the Frontier Works Organisation (FWO) and its subsidiary had carried out construction activities on green belts and service roads, blocking access to their land, endangering public safety and violating environmental regulations.
They also alleged that a roundabout at Sohrab Goth had been unlawfully obstructed, disrupting traffic flow and causing inconvenience to the public.
The petitioners further said that no land acquisition proceedings had been initiated, no notices were issued and no compensation was paid, despite their ownership of the land.
In response, the NHA and other respondents denied undertaking construction beyond the legally notified 670-foot-wide ROW of the M-9 motorway, as determined under the West Pakistan Highways Ordinance, 1959.
They said the first 16 kilometers of the motorway remained unfenced due to urban expansion and the presence of private land pockets within the ROW, which would be acquired when required under the law.
A provincial law officer told the court that green belts, service roads and drainage channels are public property and must be protected, adding that private land cannot be acquired without following due legal process.
A division bench comprising Justice Adnan-ul-Karim Memon and Justice Zulfiqar Ali Sangi observed that any construction beyond the demarcated ROW, on land vested in another authority or in violation of court orders would be unlawful.
Disposing of the petitions, the court directed revenue authorities to conduct a joint demarcation in the presence of all stakeholders and ordered that no construction be carried out outside the notified ROW.
It further directed that if private land is required, acquisition proceedings under the land acquisition law must be initiated before use.
The court also instructed the Karachi commissioner to restore drainage infrastructure and remove unauthorized structures, and directed the Sindh Environmental Protection Agency to verify environmental approvals for ancillary facilities.
An implementation committee formed by the chief secretary will monitor compliance and submit quarterly reports to the registrar of the court.
What about the slum encroachments allowed to settle on the M-9 adjacent? Will they be removed or remain encroached?