6352/2023 Const. P. Haji Abdul Raziq (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
Order Date: 27-FEB-26
In view of the foregoing discussion, these petitions are disposed of with the following consolidated directions: 1. Joint demarcation of ROW vis-??-vis private lands in dispute shall be conducted within 60 days, as discussed in paragraph No.23. 2. If private land is required for highway purposes, acquisition proceedings under the Land Acquisition Act, 1894, shall be initiated before utilization. 3. No construction shall be carried out outside the legally notified ROW. Any encroachment upon public green belts or service roads shall be removed forthwith. 4. The Commissioner Karachi shall ensure restoration of drainage infrastructure and removal of unauthorized structures, as per law. 5. SEPA shall verify environmental approvals for ancillary facilities. 6. Until demarcation, parties shall maintain status quo regarding possession of privately owned land. 7. The Implementation Committee already constituted by the Chief Secretary Sindh shall monitor compliance and submit quarterly reports to the Registrar of this Court. 28. Needless to observe, NHA and its concessionaire are empowered to develop ancillary facilities within lawfully vested ROW; however, such authority is circumscribed by constitutional guarantees, statutory mandates, environmental safeguards, and binding judicial precedents. 29. All the above petitions along with pending applications stand disposed of in the above terms.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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