Structures along highways NHA barred from issuing NOCs
LAHORE, June 28: The Lahore High Court on Tuesday restrained the National Highway Authority from allowing fresh permissions/NOCs for the establishment of any structure alongside the highways and sought reply within two weeks from NH&MP.
Justice Khalid Mehmood Khan issued the order on a writ petition of Advocate Arif Karim who challenged the alleged illegal structures raised alongside the national highways on the pretext of desirability and necessity of various facilities on highways.
The petitioner contended that National Highways Safety Ordinance 2000 made it obligatory for the NH&MP to examine desirability and necessity of various facilities along highways and flow of traffic.
He said the respondent authorities were not performing their responsibility strictly in accordance with law, and so many illegal structures had been raised along highways and the activity continued by violating the law.
Advocate Karim said the purpose of construction of highways was to streamline and regulate traffic flow and not to build shopping centres, housing societies and conduct other irrelevant business activities. He said the respondents could not allow any business activity on highways which was absolutely undesirable for the safety of the people and smooth flow of traffic. The petitioner pointed out that Lahore-Gujranwala Road had been under construction now-a-days where criminal negligence and violation of laws were being committed. There were so many buildings being built there by violating the rules and regulations, he added.
He pleaded that encroachments were made within the right of way (ROW) in violation of the restriction in respect of the national highways and strategic road control rules 1998 in connivance with the respondents.
The petitioner also pointed out irregularities committed by the respondents at Babu Sabu Interchange and Chowk Yateem Khana, Gujranwala City By-pass and others.
He, therefore, prayed to the court to order registration of criminal cases against responsible authorities and private persons involved in construction of illegal structures alongside highways and the authorities be restrained from issuing fresh permission/no objection certificates for establishment of any structure till the decision on the petition.
After hearing the arguments, Justice Khan issued a stay order and sought replies from the chairman and inspector-general of NH&MP within two weeks.