ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

CP No.D-6662 of 2016

 

 

                           PRESENT:

                                                                Mr. Justice Aqeel Ahmed Abbasi 

Mr. Justice Arshad Hussain Khan

 

1.            For hearing of Misc. No.32006/2016

2.            For hearing of main case.

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09.02.2017.

 

Moulvi Iqbal Haider, advocate , petitioner in person.

Mr. Masroor Ahsan, advocate for KW&SB.

Mr. Saifullah Khan, AAG.

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The petitioner present in person submits that in view of the comments filed on behalf of the respondents No.3 to 5 and the undertaking given by the learned counsel for KW&SB to the effect  that the entire tender process in respect of six (06) Hydrants being retained by the KW&SB in each District of Karachi for the purposes of supply of water to the citizens of Karachi on emergent conditions, shall be undertaken strictly in accordance with the provisions of Chapter-V of the Karachi Water & Sewerage Board Act, 1996, as well as in conformity with  the Order  dated 08.09.2016 passed by the Honourable Supreme Court of Pakistan in HRC No.28963/2014 and others,  the petitioner will not press instant petition, however, submits that the respondents may be further directed to ensure that such Hydrants may not be used for commercial purposes to be sold at exorbitant rates, as according to the petitioner, it is the duty of the KW&SB to supply water to the citizens of Karachi either through water lines or any other alternative mode, including water tankers,  as provided in Chapter-V of the KW&SB Act,1996.

 

2.         Learned counsel for the respondents No.3 to 5 and the AAG do not oppose disposal of instant petition in above terms, however, submit that since the matter is already subjudice before the Hon’ble Supreme Court in aforesaid petitions and being supervised by the committee constituted for such purpose, therefore, instead of filing instant petition the petitioner could have filed appropriate application in the aforesaid petitions pending before the Honourable Supreme Court.. 

 

3.         We are of the view that since, the matter relating to supply of water to the citizens of Karachi by the KW&SB and the issues relating to operation of water Hydrants in Karachi is already pending before the Honourable Supreme Court in the aforesaid cases, wherein, certain orders have already been passed and directions issued to the respondents (KW&SB), who have given assurance before this Court that all actions, including the subject tender process of six (06) Hydrants in six Districts of Karachi to the private contractors, shall be undertaken strictly in accordance with Chapter-V of the Karachi Water & Sewerage Act, 1996 and in conformity with the orders already passed by the Honourable Supreme Court in the aforesaid petitions, particularly the Order dated 08.09.2016, therefore, we are disposing of instant petition with the directions to the respondents to ensure that the Orders already passed by the Honourable Supreme Court in the aforesaid matters shall be complied with in letter and spirit  and the subject tender process in respect of  six (06) Hydrants in each District of Karachi shall be  completed in a transparent manner and in conformity with the SPPRA Rules and  in terms of the Chapter-V of the KW&SB Act, 1996.

 

4.         The petitioner, however, in case of any violation by the KW&SB in this regard, may be at liberty to approach the Honourable Supreme Court in the aforesaid petitions.

            Petition stands disposed of in the above terms along with listed application.

           

Judge

 

Judge

 

 

 

 

 

 

 

 

 

 

 

 

Jamil*