ISLAMABAD: President Arif Alvi, while overruling the federal ombudsman’s decision in a 25-year old case, has directed the National Highway Authority (NHA) to pay compensation to the people whose land was acquired for construction of road.

The president reprimanded NHA for causing unnecessary delay in implementing the award announced 25 years ago, and directed it to pay the due amount to the citizens within 45 days of the announcement of the decision. Payment should be made in accordance with the compensation award announced by NHA in 1997 which remained uncontested and unimplemented since then, the president noted.

He pointed out that it was not a matter of measurement and assessment of land but implementation and payment of the awarded compensation as per the orders of NHA in 1997.

He highlighted that this aspect was not factored in by the federal ombudsman while passing the impugned orders, and held that since the award of 1997 had not been challenged by either party, therefore, it attained finality and NHA was bound to pay the assessed amount as per law.

The Wafaqi Mohtasib in its decision had declined to intervene and provide relief to the complainants, saying that the matter required site visit, measurement of land and detailed examination of both documentary and oral evidence, and its assessment in the light of Qanoon-i-Shahadat Order for which the proper forum was a court of competent jurisdiction and not the office of the Wafaqi Mohtasib.

As per details, NHA had acquired land measuring 11 kanals and 10 marlas from three citizens for the construction of N-5, the national highway from Torkham in Khyber Pakhtunkhwa to Karachi. But proper compensation according to NHA rules and regulations was not paid.

Feeling aggrieved, the complainants approached the Wafaqi Mohtasib in 2021 to seek proper compensation, but the Mohtasib disposed of the matter without providing any relief.

Subsequently, the complainants filed a representation with the president against the decision of the Mohtasib. The president overruled the decision and directed NHA to work out the balance compensation and pay the amount as per award within 45 days.

Published in Dawn, August 29th, 2022