PESHAWAR: The Peshawar High Court has sought the response of the National Highway Authority, Khyber Pakhtunkhwa Highway Authority and other officials to a contempt petition over the non-implementation of its orders for acquiring land for the Dir-Chitral Motorway project.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Mohammad Ijaz Khan directed the NHA chairman, KPHA managing director and finance secretary to respond to the petition for contempt proceedings against officials for “willfully” violating its orders.

The respondents in the petition are the CPEC Authority through its chairman, the planning and development ministry, the federal economic affairs secretary, Ecnec through its chairman, the NHA through its chairman, the KP Highway Authority through its managing director, KP chief secretary, and provincial finance secretary.

The high court disposed of a petition on Nov 16, 2022, directing the NHA, KPHA and provincial government to complete land acquisition for the Chakdara-Chitral Motorway (N-45) project and begin work.

Dir residents complain of delay in land acquisition for motorway project

That petition was filed by Lower Dir residents Rahim Shah Akhunkhail and Prof Wali Rahman for the early widening and improvement of N-45 as part of the CPEC’s western route and construction of the Dir Expressway (Chakdara-Rabat). However, the court disposeditofafter the NHA and KPHA officials said steps had been taken for completion of both projects.

Advocate Malik Mohammad Ajmal appeared for the petitioners and said the respondents, including the representatives of NHA and KPHA, filed comments about the petition, insisting land acquisition for constructing expressway from Chakdara to Rabat and from Dir to Chitral was under way with the process likely to take time to complete.

He added that in light of the statements and assurances by the respondents, the high court had disposed of the petition on Nov 16, 2022.

The lawyer, however, said ever since that judgement was pronounced, no step had been taken by the respondents to acquire land and initiate work on the project.

He added that due to delayed work on N-45, people of the area had to build a bridge near the Talash area by raising money.

The counsel argued that the respondents had committed contempt of the court by not complying with its orders, an act punishable under Article 204 of the Constitution.

He pointed out that under Section 3 of the Contempt of Court Act, 2012, the respondents were liable to be convicted for contempt of the court, which was punishable up to six months imprisonment, or with fine up to Rs100,000.

Mr Ajmal said official documents showed that N-45 was part of the CPEC and that all schemes under the multibillion dollars project were declared completed, under construction or in the pipeline. He added that N-45 was duly approved by the Ecnec as a western route and under construction project.

The lawyer claimed that the respondents had been delaying the project for unspecified reasons.

He contended that delay in construction of the said roads was an injustice with the inhabitants of the areas from where the roads would be passing.

Published in Dawn, July 6th, 2024