 |
|
|
|
Effluent destroys fertile land in Sindh, court told
By Mohammad Hussain Khan Effluent of Balochistan has already damaged thousands of acres of rich agricultural land of Sindh and further delays in the construction of the RBOD-II can turn this into a environmental disaster. - File photo HYDERABAD: The Hyderabad circuit bench of the Sindh High Court was told on Thursday that effluent from Balochistan had destroyed thousands of acres of rich agricultural land in Sindh and delay in completion of RBOD-II could worsen the situation and lead to a national disaster. The officials associated with the RBOD-II project said in their response to a report, which backed the petitioners’ claim that the officials had deviated from actual alignment of the drain given in its PC-I, that Hyder Ali Nur who prepared the report was an interested party and his report was not impartial. Nur was appointed commissioner by the division bench comprising Justice Amir Hani Muslim and Maqbool Ahmed Awan to look into petitioners’ claim that the official had deviated from actual alignment. Justice Muslim expressed his anger over the way the respondents’ counsel questioned integrity of the commissioner when he claimed that he had not been appointed by the parties’ consent and that his land was located in the area where the drain was being excavated. The judge said that the court would not delve into voluminous objections of the respondents as they were ‘fatter than the petition itself, which indicates that you are trying to delay the matter.’ The respondent’s counsel Jagdesh Kumar Mullani insisted that there was no deviation from PC-I. ‘The commissioner, an expert appointed by the court, is an interested party and he owns agricultural land in the same area.’ ‘He didn’t take pains to meet the respondents,’ he argued, claiming that he submitted the report to the office of petitioners’ counsel. ‘I have been provided a copy by Jhematmal Jethanand, the petitioner’s counsel,’ he said. Nur, in response to a court query, conceded that he did own land in the area that might be affected because it was located on the right side of KB feeder while his family owned land on both sides of the feeder. He stated that he had sent three sealed envelops containing the report through courier service to the counsels of the petitioners and respondents and the high court. Jethanand said that respondents had now admitted their mistake, which they had so far denied and termed allegations against the commissioner mudslinging. Justice Muslim observed that it was at the commissioner’s discretion to consult RBOD officials and asked the counsel that he should have submitted objections in writing when he was appointed. The bench adjourned the hearing to May 27 when it could decide the case on merit after going through the report and objections submitted by Jagdesh Mullani, counsel for RBOD officials. RESPONDENTS’ OBJECTIONS: RBOD officials’ object that ‘it has already been stated before the court that there is an error in sketch and drain is erroneously shown on the right of the feeder. ‘There is sufficient evidence that alignment of RBOD in PC-I is on left side (east) of KB feeder. Therefore, the alignment proposed in tender drawings issued in 2003 on left side passing through Deh Khanpur, Kotri and Karo Khao is in accordance with alignment proposed in PC-I and as such alignment given in original PC-I has not been deviated from. ‘The commissioner is himself a land owner in Deh Karo Khao and RBOD is passing near his land. He diverted evidence to his own interest and concluded that alignment is a deviation. ‘Millions of rupees have been spent on studies, surveys and investigations on people’s demand but the drain on the right side of the feeder was not found feasible. 90 per cent of total land has been acquired and 75 per cent of drain’s work has been completed and billions of rupees have already been spent. Enough work on the drain has been done. ‘Project Implementation Committee (PIC) is competent authority to decide route of RBOD. Route/alignment on left side has been approved from the forum. Effluent of Balochistan has already damaged thousands of acres of rich agricultural land of Sindh and further delays can turn this into a national disaster.’ Dawn:Friday, 22 May, 2009
|
