Water scarcity in federal capital: Don’t want to meddle in executive’s jurisdiction, says SC

ISLAMABAD: The Supreme Court (SC) on Monday maintained that it did not want to interefere in the executive's jurisdiction as prime minister should take water scarcity issue in federal capital and directed the authorities concerned to deliberate on the scarcity of water issue in the federal capital and find out an amicable solution and inform it after two days.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing into the matter pertaining to shortage of clean drinking water in the federal capital.

During the course of hearing, Barrister Aitzaz Ahsan, the amicus curie, submitted before the court that the solution to the problem lay in regularising the private tube wells.

He recalled that in 1961, the Supreme Court in one of its judgments held that water is not mineral however, he added that in 1966, the apex court in its judgment held that the water of tube wells are part of canals hence it should be regulated and persons having owned tube wells could not excessively use water for their personal use as it leads to downing the water table to worrisome level that affect the other water consumers.

The court asked Deputy Attorney General, Aitzaz Ahsan as well as other authorities concerned to sit together and find an amicable solution to address the issue of scarcity of water in the federal capital and inform it after two days.

During the course of hearing, the court was informed that the Metropolitan Corporation of Islamabad has submitted a proposal for the solution to the issue and soon it would be approved.

Meanwhile, Farzana Altaf Shah, Director General, Environmental Protection Agency (EPA) informed the court that recently she accompanied a delegation of World Health Organisation (WHO) and conducted a survey of nullahs of Rawalpindi-Islamabad which were found severely contaminated and blocked due to heaps of garbage.

At this Barrister Aitzaz Ahsan said that most of the nullahs were flooded with heaps of garbage and shopping bags and ultimately it leads to blockage.

“Then bring a petition why you are not filing a petition so that the court may address the issue”, chief justice asked Ahsan, adding when he takes suo motus, he is criticised for crossing the jurisdiction that’s why you should file a proper petition with the court in this regard.

EPA DG told the court that the presence of bacteria in these nullahs have a severe impact on the people and inhabitants, adding that due to these bacteria, the anti-biotic medicines people using does not work properly. Chief justice said that he has recently witnessed the worst condition of nullahs in Karachi. She contended that there is a nullah in Abpara with stinking smells which should be at least cleaned by the authorities concerned. She further informed the court that in Banigala, there is also a nullah with stinking smells and the authorities concerned should take notice of it.

“For immediate solution to solve the shortage of clean drinking water in the federal capital, we can store the rainy water for consumption,” the EPA DG told the court.

Meanwhile, the court adjourned the hearing for two days with direction to the authorities concerned to sit together and find out a timely solution to shortage of water.

Similarly, the same bench constituted a five-member committee headed by Federal Ombudsman for the protection of Margalla Hills which will present its recommendations within two weeks. The bench was hearing a suo motu case pertaining to fire that erupted in forests of Margalla Hills.

During the course of hearing, the chief justice questioned the civic body CDA as to whether it had not proper arrangements for extinguishing the fire that erupted on the forests of Margalla Hills for three days. The chief justice asked as to whether the CDA lacks instruments for the purpose of extinguishing the fire to which the body replied in affirmative. The chief justice then asked the authority to make proper arrangements for purchasing the instruments to do the needful. The court also directed the CDA to conduct an inquiry as to how the fire erupted in the forests of Margalla Hills.

The authorities, however, informed the court that funds will be available in the third week of July for purchasing the equipment’s. The chief justice then observed that as to why not the court constitute a commission for the protection of Margalla Hills that may initiate a speedy work and submit its recommendations within two weeks.

Meanwhile, the court constituted a committee headed by Federal Ombudsman with the petitioner Roedad Khan, Deputy Attorney General as its members. The court ruled that representatives from Capital Development Authority (CDA) as well as Municipal Corporation will also be its members.

The court directed that the committee will present its report based on recommendations within two weeks and adjourned the hearing for two weeks.