KARACHI: While a division bench of the Sindh High Court questioned the mere conversion of Superhighway into the M-9 motorway, the National Highway Authority (NHA) informed the judges that a project to construct an alternative motorway between Karachi and Hyderabad was under consideration.

The NHA response came through its lawyers when the bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito wondered why the NHA converted an already functioning Superhighway into the motorway and asked as to why the authority was not constructing a new motorway between Karachi and Hyderabad.

The bench was hearing around 70 petitions, filed between 2017 and 2021, mostly related to land disputes around the M-9 motorway.

At the previous hearing, the SHC had directed the NHA to file details of the properties located within the limits of the Karachi-Hyderabad motorway.

Bench questions conversion of now defunct Superhighway into M-9 motorway

At the outset of the hearing on Wednesday, the counsel for NHA filed the report.

The bench noted that restaurants and filling stations were already present at the now defunct Superhighway.

It also asked whether there was any agreement between the Sindh government and NHA about procurement of land for the motorway.

Justice Panhwar remarked that it was the responsibility of the state to provide basic facilities including the network of roads to the masses.

A lawyer for one of the petitioners submitted that apparently, there was a land dispute between the provincial and federal governments.

The counsel maintained that a citizen’s access to any thoroughfare could not be restricted, but such restrictions had been put in place by fencing M-9.

He added that toll plazas on any highway between two cities must be built outside the city limits, but ‘zero point’ of M-9 was located within the provincial metropolis.

Justice Panhwar also remarked that the subject issue came into being due to conversion of the Superhighway into a motorway and questioned as to why the NHA was not building a new motorway as per modern standard between the two major cities of Sindh and to reconvert the M-9 into Superhighway.

If Grand Trunk Road was converted into a motorway by building an extra lane, all the cities coming in the way would be affected, the bench remarked.

About the land dispute, Justice Panhwar said that the differences between federal and provincial governments could be settled at the Council of Common Interest.

The counsel for NHA contended that facilities were provided to the cities by building bridges and underpasses.

The bench remarked that there was a toll plaza on every road and public had been left with no option but to pay taxes in order to utilise such roads.

The bench also noted that motorways were being built in every province except Sindh.

The NHA lawyers submitted that there was around Rs40 billion private investments on M-9 and the federal government could only provide land for such projects.

They were of the view that an alternate project of motorway between the two major cities of province was under consideration and Pakistani and Chinese officials were working on it.

About collection of toll tax, the bench noted that the NHA chairman had filed an undertaking around five years ago stating that old toll tax system would be replaced with new one.

The counsel for NHA submitted that no toll tax was being collected from the residents of Bahria Town.

After hearing the parties concerned at length, the bench said that a proper order will be passed later on the petitions.

The NHA had petitioned the SHC in 2017 against a move of the Sindh government to reduce limit of the right of way (ROW) and nullify mutation entries on the ground that the same were done in violation of approval of the competent authority and no payment was made by NHA.

Later, dozens of individuals had also approached the court and claimed the ownership of subject land.

Published in Dawn, August 29th, 2024