SHC asks CBC why 5mgd water being sold to residents despite payment of taxes

The Sindh High Court has directed Cantonment Board Clifton (CBC) to explain why the 5mgd of water being supplied to it daily for distribution to its residents was being sold by bowsers to the same residents who got such services through the payment of taxes.

The direction came on petitions filed by residents for an improved water supply through pipelines in the area and against the imposition of additional charges for the water supply through tankers.

The court had directed the CBC and the DHA to submit reports with regard to a desalination plant in DHA as well as reasons as to why the 5mgd water supplied to the CBC for distribution to citizens was being sold to residents through bowsers.

Filing comments on the petitions, the Defence Housing Authority submitted a compliance report mentioning that the desalination plant was closed due to uneconomical faults. The DHA counsel submitted that the desalination plant was a private project aimed to generate electricity, and water was only a byproduct.

The counsel submitted that the project was producing 94 megawatts of electricity to be supplied to the KE, but it was highly unsuccessful due to a faulty design of the machine supplied by the private company, and that caused damage to the plant during operations.

The counsel said the desalination project was continued for 11 months and closed down in 2010 due to uneconomical faults. He further submitted that the total investment pertaining to project was around Rs8 billion and all shareholders, including the DHA, suffered losses due to failure of the plant. He submitted that the project was now beyond any repair or revival.

A division bench, headed by Justice Salahuddin Panhwar, after taking the comments on record, directed the CBC to file a final report in pursuant to the February 2 order in which the CBC was directed to explain circumstances as to why bowsers were being sold despite the payment of taxes by the residents.

The court had earlier observed that civic agencies were under the legal obligation to provide all civic amenities to the consumers, subject to the payment of charges, and the respondents are required to take necessary steps to ensure a continued and uninterrupted water supply of water to the residents of DHA through normal water connections. It further observed that it is expected the KWSC, DHA and CBC would arrange a joint meeting to find a solution and improve the regular water supply to the residents through normal pipelines.

The court also said that the authorities shall make all possible efforts to continue the water supply to the petitioners as per the undertaking and court orders.

The petitioners had submitted that the cantonment board was charging Rs2,886 to 108,219 for residential houses and Rs4,040 to Rs61,612 for commercial units under the annual water tax. They submitted that the high court had already adjudicated the issue with regard to the supply of water and the cantonment board’s responsibility, and observed that in case of failure to supply water, the CBC disentitled itself from charging, claiming or collecting the water tax from the residents.

The petitioners submitted that no water meters had been installed by the respondents and the water tax was being charged as per the size of the property, not as per the quantity of water being consumed. They said the CBC was providing roughly 30 per cent water of the total need of its residents and charging onerous levies and additional costs against the same.