IN THE HIGH COURT OF SINDH AT KARACHI

Present:

Mr. Justice Nadeem Akhtar

Mr. Justice Fahim Ahmed Siddiqui

C.P.No. D - 2620 of 2015

Bashir Ahmed Khan advocate and 03 others...…………………..Petitioners

Versus

Secretary Local Government Sindh and 22 others...………….Respondents

Date of Hearing : 28.03.2017

Mr. Abbadul Hasnain, advocate for the petitioner

Mr. Mukhtar Ali Metlo, advocate for KW&SB

Mr. Miran Muhammad Shah, AAG Sindh

Allah Bachaya Bhatti, Law Officer, Pakistan Rangers (Sindh)

Syed Khursheed Zaman, Executive Engineer, Keamari Town

(CNIC No.42101-1704355-1)

Muhammad Arif, Superintendent Engineer, KW&SB

(CNIC No.42301-9886085-1)

J U D G M E N T

FAHIM AHMED SIDDIQUI, J: The petitioners are consumers of Karachi Water & Sewerage Board, and they have obtained proper connections in their residential premises after fulfilling all the formalities. They have been regularly paying bills to KW & SB. Their contention regarding payment of water charges is verified through paid copies of bills annexed with the memo of the petition (pages-33 to 55). It is the case of the petitioners that on 7th and 8 of May 2015 officials of KW & SB and Sindh Rangers jointly conducted raid and without observing legal and lawful formalities and without giving a chance of hearing, they disconnected their water connections despite the fact that the petitioners were not defaulters. The petitioner also questioned the schedule of water supply, and according to them the officials of KW&SB do not follow their own schedule of water supply. The petitioners seek immediate restoration of their water connections as well as the restoration of water supply to their locality.

2. The respondent No. 1 (DG Rangers) filed their comments in which it was disclosed that the Rangers had nothing to do with the water supply and on the date of alleged incident, Rangers people were only providing protection to the personnel of KW & SB.

3. In the instant matter, the grievance of the petitioners is against the respondent No. 4 (KW & SB), who also filed their comments in which they disclosed that in the locality of petitioners i.e. Sher Shah Colony, only 30% consumers are regular in payment of water charges. However, it was not clear from the comments whether the KW & SB restored the water connection of regular unlawful consumers or not; hence Mr. Mohammed Arif, Superintendent Engineer of KW & SB was called in person. In response to the notice issued to him, Mr. Mohammed Arif appeared in person and explained the entire situation in the aforesaid area. According to him, there are two main lines of water supply in the locality, amongst them, one is of 4-inch diameter while the other is a 10-inch diameter. He explained that 10-inch diameter line of water supply is the main trunk from which connections are not allowed, but people of the locality have taken illegal collections from that line due to which it was damaged. However, the same is now functioning after repairing, but all the connections from the said main trunk have been removed and shifted to the secondary 4-inch diameter line. According to him, the connections of petitioners have been restored. Regarding scheduling, his contention is that the same is being followed and there is a little disturbance in this respect. The learned counsel for the petitioners verifies that the connections of the petitioners have been restored. The learned counsel further submits that there are certain reservations regarding scheduling but he verified that KW & SB reinstalled the water connections of petitioners and water supply is restored. As the grievance of the petitioners is redressed, the instant petition is disposed of along with the listed applications with no order is to cost.

JUDGE

JUDGE