Daily Times

KARACHI: The Sindh High Court has ruled that it is the statutory duty of the Cantonment Board Clifton (CBC) to ensure adequate and continuous water supply to all citizens residing within its territorial jurisdiction.

The court restrained the CBC from charging water tax from the residents in case of disruption of water supply.

Headed by Justice Nadeem Akhtar a division bench issued a seven-page long verdict on the petition filed by a resident of Khayaban-e-Sehar, Phase VI, DHA, who had taken the CBC and others to the court for their failure to supply water adequately.

It directed the CBC to file compliance report on monthly basis with the high court’s Member Inspection Team (MIT) at least for the next six month. The CBC shall not be entitled to charge, claim or collect water tax from those residents to whom water is not being supplied or provided through supply line or bowsers, the court ruled.

The bench observed that the CBC ought to have considered the impact of growing population on limited supply of water before allowing construction and development of properties in an unplanned and indiscriminate manner. The CBC should have kept in mind the universal principle of demand and supply.

“Indeed the Constitution of our country guarantees fundamental rights to every citizen and also equal treatment vis-a-vis such rights,” the judges noted. “The citizens, who are already enjoying such fundamental rights, should not be deprived of their rights to life and amenities and facilities which a person born in a free country is entitled to enjoy with dignity and it cannot be disturbed at the expense of the grant of such rights to others.”

They, therefore, ordered the CBC to ensure that permissions and approvals for fresh construction and new water connections are granted without disturbing, restricting or curtailing the rights of all those residents who are already enjoying such rights.

It observed that the public functionaries, including all departments and organizations, which are legally bound to perform their functions and duties for the safety, well-being and betterment of general public, must perform their functions and duties with prudence, vigilance and full responsibility.

The CBC counsel had submitted a statement, saying that due to acute shortage and scarcity of water occurring from time to time, the CBC had to arrange additional water bowsers for the residents of DHA to whom water is not being supplied on regular basis through water supply line. The residents are required to file request online and subsequently they are issued coupons for five water bowsers per month per property.

The court directed the CBC to display its statement and the court’s directions on its website and all notice boards with immediate effect, which shall not be removed without permission of this court.

The court directed the MIT to serve this order immediately to the DHA’s administrator and the president of Defense Residents’ Association for their information.

The woman petitioner had earlier submitted that she had approached the CBC in 1997 for water connection for her house. For this purpose, all the requisite formalities, including payment of charges, were fulfilled.

She said that the CBC started supplying two water bowsers on weekly basis. Later in 2003, the CBC demanded additional amounts of Rs4,845 and Rs11,870 for supplying water through supply line instead of bowsers and installing a water meter water.

Subsequently, she complained that she had paid the entire amount but despite that the municipal has authority failed to supply water through the proper supply line.