ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-1467 of 2012

DATE                                     ORDER WITH SIGNATURE OF JUDGE

1. For orders on Office objections as flagged.

2. For Katcha Peshi

21.04.2015.

                        Mr. Ayaz Ahmed Memon, Advocate for petitioners

                        Mr. Allah Bachayo Soomro, A.A.G Sindh  along with Syed Aijaz

                        Ali Shah Executive Engineer Alwam Wah Division Irrigation and

                        Akhtar Ali Arain A.X.En Shadi Irrigation.

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                        Petitioners have prayed for directions against respondents to supply lawful share of water to petitioner without any interruption or hindrance. Respondent No.6 present in Court and he has also filed comments in which it is stated that “since the required discharge of Additional Area does not exist in Shadi Wah Small therefore the original Khatedars of tail reach do not get their legal share of water for their holdings and are being deprived. Considering the genuine grievance of the tail reach Khatedars (petitioners) necessary PC-1 regarding construction of Shadi Wah Small as CC Lining for the revised discharge of 155 cusecs against it is original Design Discharge of100.96 Cusecs has been prepared, where in the modules of the Additional Area have been proposed to be re-designed at the rate of 2.87 Cusecs for 1000 Acres as allowed in the command of Sukkur Barrage and the PC-1 is under process for approval with the competent authorities”.

                        Comments of respondents No.1 to 5 & 7 are also on record in which it is stated the grievance of petitioners are genuine, therefore, authorities may be directed to re-design Head Regulator of Shadi Wah Small so required  discharge as per present C.C.A (27943 Acres) may pass so that Khatedars can irrigate their lands properly. Respondent No.6 further submits that summary has been approved by the Chief Minister and matter has been sent to PWD for further proceedings and sanction. Petitioners counsel is satisfied with the statement of respondent No.6. Respondents are directed to expedite the matter and supply the water to the petitioners according to their undertaking. Copy of this order be transmitted to the Secretary Irrigation Government of Sindh and respondentsNo.2 to 4 for compliance.

                                                                                                  JUDGE

                                                                                    JUDGE          

ars.