The Sindh High Court on Friday directed a joint demarcation of the right of way (ROW) of the M-9 motorway within 60 days. The court also ordered the immediate removal of encroachments on green belts and service roads.
The bench instructed that all parties maintain the status quo regarding private land until the demarcation process is completed. This decision came in response to petitions challenging the non-acquisition of private land for M-9 construction. Petitioners claimed that construction activities blocked access to private land, endangered public safety, and violated environmental regulations.
Petitioners further alleged that a roundabout at Sohrab Goth was unlawfully obstructed, causing traffic disruptions and public inconvenience. They also stated that no land acquisition proceedings were initiated, no notices were issued, and no compensation was provided, despite ownership of the affected land.
The National Highway Authority (NHA) and the Frontier Works Organisation (FWO) denied carrying out construction beyond the legally notified 670-foot ROW under the West Pakistan Highways Ordinance, 1959. They explained that the first 16 kilometers of the motorway remain unfenced due to urban expansion and private land pockets, which will be acquired legally when required.
A provincial law officer informed the court that green belts, service roads, and drainage channels are public property. Private land cannot be used without following proper legal procedures.
The division bench, comprising Justice Adnan-ul-Karim Memon and Justice Zulfiqar Ali Sangi, emphasized that any construction beyond the demarcated ROW or on land owned by other authorities would be considered unlawful.
The court directed revenue authorities to conduct the joint demarcation in the presence of all stakeholders. It also ordered that construction outside the notified ROW must stop immediately. Any acquisition of private land must follow legal procedures before use.
Additionally, the Karachi commissioner was instructed to restore drainage systems and remove unauthorized structures. The Sindh Environmental Protection Agency must verify environmental approvals for all ancillary facilities.
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An implementation committee formed by the chief secretary will monitor compliance and submit quarterly reports to the Sindh High Court registrar.
