The Sindh High Court has issued directives to Defence Housing Authority (DHA) Karachi administrator to implement the court order in true letter and spirit while taking measures in repairing damaged main water supply lines to lawful consumers of the Authority
The order was announced in response to a number of dwellers’ pleas who are making water tax payments regularly to the Authority in addition to paying exorbitant amounts to private tanker mafia operating in the vicinity.
A Divisional Bench of the SHC comprising Justice Aqeel Ahmed Abbasi and Justice Mahmood A. Khan passed the order in response to identical pleas seeking enforcement of constitutional provisions that guarantees uninterrupted access to basic amenities including water.
Advocates Anwar Mansoor Khan with Zeeshan Bashir Khan, Syed Muhammad Yahya, Rukhsana and Jibran Nasir have filed identical petitions of behalf of the petitioners claimed the Authority has not implemented earlier orders of the SHC relating to water supply to residents of the vicinity in spite of the fact that they were regularly paying water tax/ charges. The petitioners made Federation of Pakistan through Secretary, Ministry of Defence, Director General Military Lands & Cantonments, Ministry of Defence, Rawalpindi, Defence Housing Authority DHA Karachi through its Administrator, Cantonment Board Clifton (CBC) through its Cantonment Executive Officer, Karachi as respondents in the matter.
The Bench announced a two-page order in the matter, a copy of which is available with TLTP. The Bench said in its order, “Learned counsel for the respondent/CBC present in Court have denied the allegations of charging exorbitant amount by the CBC or any violation of Court’s order as alleged by the petitioners, however, requested for time to seek instruction in this regard”.
It has been stated in the SHC order, “Counsels for the petitioners have sought urgency on the ground that petitioners during the month of Ramazan facing scarcity of water, whereas , in spite of specific order, passed by the Divisional Bench of this court in the case of Rukhsana Yahya v. Federation of Pakistan through secretary ministry of defence and four others whereby, Cantonment Board was directed not to charge the water tax/charges from the persons who are not being supplied water through water supply line, whereas, alternatively, Cantonment Board was directed to supply five water bowsers of 1000 Gallon each, per month (500 sq yards house), provided the payment of water tax/charges are regularly paid by the petitioners/owners”.
The court was informed that in one of the petitions in the instant bunch, similar similar orders have been passed on February 25,2022, however, the other petitioners are not being supplied water bowsers in terms of above orders. They claimed that they were being discriminated as they have to pay a huge amount to private tanker mafia operating in the area.
The petitioner counsels also contended that during pendency of instant petitions, “The petitioners have come to know that there is serious short fall towards supply of water to the residents of DHA”. The further apprised the court that main supply line from Chakra Goth to Ittehad has been damaged/leaked from various places saying there are also complaints of water theft by unscrupulous persons from the main water supply line.
They urged the SHC to issue directives to the respondents for tangible measures to address the issue alleging the respondents were not taking any action against those involved in water theft. The petitioner counsel contended, “On the contrary, water tankers are being supplied by charging exorbitant amounts in violation of Court’s orders”.
After a brief hearing of the matter, the court issued directives to the respondent to file reply/ comments in the matter. The court said in its order, “Respondents shall also ensure that necessary steps shall be taken to repair the damaged/leaked main water supply line, whereas, all the illegal unauthorized connections shall be disconnected to prevent water theft so that water may be supplied to the lawful consumers, who are making payment of water/tax/charges regularly”. Later, the hearing was adjourned till April 26.
