ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P NO. D-278 OF 2009.

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.1237/09.

3. FOR HEARING OF MA NO.1603/09.

4. FOR HEARING OF MA NO.1772/09.

5. FOR HEARING OF MA NO.3344/09.

6. FOR HEARING OF MA NO.3786/09.

17.12.2009.

Mr. Jhamat Jethanand, Advocate for Petitioners.

Mr. Aijaz Ali Hakro, Advocate for Interveners.

Mr. Allah Bachayo Soomro, Addl. A.G Sindh along with Noor Hussain Lark, X.E.N M.D and Muhammad Luqman, AXEN Kunri.

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                        Through these proceedings following relief were sought:-

“(i).      Declaration that the threatened action and order if any of Respondents to reduce/interfere with the sanctioned modules of the Petitioners watercourses is bad in law and of no legal effect.

(ii).       That permanent injunction be issued restraining the Respondents from demolishing, reducing the dimensions and interfering in any manner with the watercourses of the Petitioners.”

                        After notice the Commissioner has visited the site and serious objections were filed by the Petitioners. On the other hand, the private respondents have filed counter affidavit and they have taken a different stand. The issues raised could only be decided by recording of the evidence which this Court can not undertake in exercise under constitutional jurisdiction.

                        We accordingly dismiss this petition alongwith listed applications. The parties are at liberty to approach appropriate forum for redressal as well as their grievances.                                                                   

                                                                                                            JUDGE.

                        JUDGE.

A.C/P.A