ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection, as flagged.

2. Forkatcha peshi

14.04-2015.

Mr. Hameedullah Dahri, advocate for the petitioners.

Mr. Allah Bachayo Soomro Additional A.G. Sindh alongwith M. Iqbal Memon, XEN Jamrao Division and Abdul Ghaffar Memon Assistant Ex. Engineer.

All the petitioners have prayed that respondents be directed to provide their due water as per share list. They have further prayed that the respondents should also be directed to remove the head walls constructed at Module of MirpurDistry till enhancement of discharge capacity from 64 Cusecs to 99 Cusecs. Further directions have been sought to remove the illegal pipes etc.

2. The learned Additional A.G. has filed the comments of respondents No.3, 4 and 6. In response to para-10 of the petition it is stated that the employees of Irrigation Department are vigilant and if any illegality, tampering or cuts are found in the water line they will take action against the responsible persons in accordance with law. It is further stated that there is shortage of water which cannot be considered as acute shortage of water, however, due to head walls the Khatedars are facing problems. It is also stated that if the head walls are removed after getting sanction from the competent authority the tail-enders will receive their due water as per share list. Similar statement has been repeated in response to para-14 of the petition. It is the responsibility of the Irrigation Department to provide due water share in accordance with the actual design. Since the respondents have accepted that if the competent authority allows to remove the head walls the position will become better for the tail-enders and they will also get water for which it is for the Department to pursue the matter internally and seek approval of the competent authority for taking action against the responsible persons in accordance with law. For and on behalf of the Irrigation Department, M. Iqbal Memon, XEN Jamrao Division and Abdul Ghaffar Memon Assistant Ex. Engineer are present in Court. M. Iqbal Memon, XEN Jamrao Division submits that in view of their comments, they will forward their recommendation to the competent authority for their sanction. Counsel for the petitioners is satisfied. The petition is disposed of with the directions to the respondents to complete this exercise within a period of 45 days from today.

Pending application also disposed of.

JUDGE