ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constt. Petitions   No.D-807, 812 & 1449  of 2011.                                                                                                                                        

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

                                                1. For Katcha Peshi.

                                                2. For hearing of M.A.No.2062/2010.                                  

10.2.2011.

Mr. Qazi Manzoor Ahmed advocate for petitioner in C.P.No.807/2010.

Messrs Asif Ali Abdul Razak Soomro and Safdar Ali Ghouri advocates for petitioners in C.P.No.812/2010.

Mr. Habibullah G. Ghouri advocate for petitioners in C.P.No.D-1449/2010.

Mr. Khalid Iqbal Memon advocate for respondent No.2 in all the three petitions along with Akhtar Hussain Mangi, Resident Engineer, Larkana Moen-jo-Daro Road Projerct, NHA.

                        Mr. Muhammad Ismail Bhutto, D.A. G.

Mr. Abdul Hamid Bhurgari, Addl. A. G assisted by Miss Rubina Dhamrah, State Counsel.

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                        By consent of all the counsel, all these three petitions are taken up for hearing for disposal by a common order. The precise controversy involved in all these petitions appears to be that National Highway Authority, during dualization  and rehabilitation  of Highway from Larkana Moen-jo-Daro Road up to Airport ( Package I and Package-II) 0 +000 - 28 +000 Kilometers  as deviated from the original alignment and has proceeded to construct the road/highway as per revised plan, which has caused concern to the petitioners in C.P.No.807 and C.P.No.812 of 2010. Messrs Asif Ali Abdul Razak Soomro, Safdar Ali Ghouri and Qazi Manzoor Ahmed learned counsel for the petitioners in C.P.No.807 and 812/2010 submitted that the proposed  deviation would adversely affect the business of the petitioners as well as approach to their lands. In C.P.No.1449/2010, Mr. Habibullah Ghouri, learned counsel for the petitioner has prayed that the road may be constructed in terms of revised plan i.e. new alignment, as according to him his lands has been acquired after fulfilling legal requirement in the public interest and the road is being constructed as per revised alignment strictly in accordance with law. . It has been further stated that the same is  in the public interest, as a deadly curve has been avoided by revising the existing plan. Though, the learned counsel for the petitioners in C.P.No.807 and 812/2010 have also raised other legal objections,  however, after arguing the matter at some length, and in view of an undertaking given by the counsel for the respondents No.2 to 4 as well as officer of NHA, present in Court namely Akhtar Hussain Mangi, Resident Engineer, NHA,  to the effect that the previous original road identified as RD 21+700  to RD 23+300 from village Wakro to Channa – Mochi Bridge will also be properly constructed and  carpeted simultaneously, by giving two approaches, one from village Wakro and the other from Bridge Channa – Mochi by the National Highway Authority, both the learned counsel for the petitioners did not press instant petitions. However, they have prayed that respondents be directed to concluded the construction and carpeting of the road within three months. Learned counsel for respondents No.2 to 4 and the Resident Engineer of NHA conceded to such request and ensured that the construction of the road and carpeting work will be completed within three months from the receipt of this order. Learned Addl. A. G and learned D.A.G extend their no objection if the instant petitions are disposed of in the above terms.

                        Accordingly, in view of hereinabove facts and by consent of all the parties, the instant petitions are disposed of in the above terms.

Judge

                                                                                    Judge