Feasibility study for newKarachi-Hyderabad motorway ordered

The Sindh High Court (SHC) on Monday directed the National Highway Authority (NHA) chairman to ensure that the feasibility study for the new motorway project from Karachi to Hyderabad is conducted within three months and its report is sent to the relevant quarters for approval.

The high court issued the order on the NHA’s and others’ petitions about the right of way (ROW) and other related issues as regards the construction of the Karachi-Hyderabad motorway.

An SHC division bench headed by Justice Salahuddin Panhwar said the NHA apprised the court about the new motorway scheme being considered, and a joint feasibility study from consultants of Pakistan and China is yet to be started by the engineers.

The court said that since there is a serious need of more access to Karachi, which is a port city, and generating a huge revenue for the nation and this country, the NHA chairman must ensure that within three months the feasibility report is prepared and placed before the relevant quarters, and that the scheme is approved.

The bench said that the capital of the province being a metropolitan city would be connected by a motorway of the same standard with other parts of the country, enabling all the residents, business owners and other stakeholders to have safe access.

Regarding the controversy and the reduction of the ROW, the court directed both the Sindh and federal governments to constitute a committee and resolve the controversy, including compensation, within three months.

The bench said the motorway construction company SCORE should continue its mandate for the rest of the period, as they have already enjoyed collecting taxes/fees half of the period, as they are charging undisputedly, though this road cannot be called or considered a motorway in the actual and true sense of the word.

The NHA had sought the ROW and mutation of over 7,641 acres in its favour on the Super Highway and the National Highway under the NHA Act, 1991. The Sindh government had earlier withdrawn a notification and reduced the limits of the ROW provisional legislation.

The court said that multiple litigations are the main cause of the conversion of the already existing road into a motorway. The bench said that GT Road from Rawalpindi to Lahore was similarly converted into a motorway, with chances of the same controversy over the ROW and the demolition of various properties, including areas of the cities.

The bench said that the best option is to build a new motorway having the same standard as other motorways, actually providing one more access towards the capital city of the province, which is the economical hub city of the country, but the Sindh government and the NHA have miserably failed to do so.

The court said SCORE, however, submitted the scope of its work to be carried out for the construction of the motorway. The bench said that until the controversy between the province and the federation is not resolved and a new road scheme is not launched, all parties must maintain the status quo, and SCORE would be competent to receive taxes from all the users of this road.

The court said SCORE and other respondents would not increase the amount, as it is an admitted fact that they have failed to provide the basic facilities on the motorway, as undertaken by them.

Regarding the residents of Bahria Town, Karachi, and other new societies, including DHA City, the bench said that all residents would be liable to pay the taxes as per mileage, and SCORE would manage to provide access without going into the controversy of the ROW by installing different toll plazas.

The court said they would be competent to receive the fees with the condition that they would maintain the existing road and provide ambulances and other safety measures, including rescue services.

The bench also directed the motorway construction company to sign the agreement with the Sindh government and immediately restore the Trauma Centre at Nooriabad to save the lives of people from the horrors of untoward incidents and accidents.

The SHC said that all the petitioners would not be competent to raise further pukka structures as per the limit of the ROW applied by the NHA, and would maintain the status quo until the next date of hearing. The court also directed the NHA chairman to appear in person on November 28.