Sindh High Court (SHC) on Saturday ordered Karachi Water and Sewerage Board (KW&SB) to furnish its policy on regulating the water supply in metropolis within two weeks in the court. The SHC single bench comprising Justice Salahuddin Panhwar issued this order in a case regarding sealing of RO plant in Ibrahim Hydri area.
The court set aside the act of Additional District Judge to seal the RO plant as apparently he exceeded his authority. The SHC ordered Registrar to forward the order to competent authority for departmental proceedings against Additional District Judge in accordance with rules.
It further observed that additional district and sessions judge was not aware of the order of the Supreme Court, which states, "We, in this backdrop, are constrained to depute all the district judges at Karachi, including Malir, to interact with the concerned officers/engineers or whoever is Incharge within their district to ensure distribution of water to the public in a transparent manner.
They will pay surprise visits to ensure that there should be no pilferage of water...." It cited that SC order stated that no illegal hydrants are allowed to operate and in case, if they find anyone, the concerned engineer and or officer shall be called forthwith to immediately stop such hydrant with the aid of police and action should be taken against the culprits." The SHC observed that additional sessions judge dared to pass the impugned order while wrongly assuming the matter to be falling within powers, given only to issue direction to local police authorities.
It stated that even in the name of doing justice, a tribunal or a court cannot assume jurisdiction which the law does not vest in it. Unless a Court/Tribunal has a jurisdiction to entertain a list, it can pass no order of legal effects. Such deliberation on part of the learned Additional Sessions Judge cannot be ignored lightly, it stated.
Sindh High Court ordered MD KW&SB to ensure that no illegal hydrants would be cropped up in future. He was ordered to also ensure that he, his officers and his staff remain vigilant. In case any complaint of illegal hydrants comes to his notice in any form, whether it is in writing or through print or electronic media, he shall take proper action for its dismantling apart from taking criminal action against the wrongdoers order stated.
It further stated that to complete the task, in case any inefficiency on the part of the functionaries of the KW&SB is noticed, then MD shall initiate proper disciplinary action against the delinquents in accordance with the law. As regards to the utilisation of subsoil water, the same is also to be regulated by the KW&SB on the basis of uniformly formed policy, court stated.
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