1307/2020 Const. P. Sindh Agriculture University Tando Jam (Petitioner) V/S Province of Sindh and others (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author), Hon'ble Mr. Justice Arshad Hussain Khan
Order Date: 07-JUL-21
We have examined the layout plan, drawings and Google map of the project available on record, wherein the actual path of the project and the bigger curve proposed by the University have been distinctly shown. It is clear from the above that if the impugned alignment is altered by including the bigger curve proposed by the University, the overall length of the project will be increased by several kilometers, and a portion of the said proposed bigger curve will pass through the oil and gas fields of OGDC. In such an event, the cost of the project and the time required for its completion will be increased substantially, and the said oil and gas fields will be exposed to the public / commuters and heavy construction machinery which may result into a disaster. Therefore, in addition to the legal position discussed above, prima facie, the proposal made by the University does not appear to be practical and safe for the commuters, public at large and the people working at the said oil and gas fields. In view of the object, purpose and urgent need of the project, it shall be in the public interest that the same is completed expeditiously. As a result of the above discussion, C.P. No.1307/2020 and all the applications pending therein are dismissed ; and C.P. No.05/2021 is disposed of by directing the Government and the acquiring agency to complete the project and the land acquisition proceedings in respect thereof expeditiously and strictly in terms of the Act. There will be no order as to costs in any of the subject petitions.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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