DHA, CBC put on notice on plea for effective drainage infrastructure

The Sindh High Court (SHC) on Thursday issued notices to federal and provincial law officers, Defence Housing Authority (DHA) and Cantonment Board Clifton on a petition seeking effective infrastructure for sewerage and drainage system, and compensation for damages to life and property suffered by the citizens of Karachi during the recent rains.

Petitioner Azar Kalwar and other residents of DHA and Clifton submitted in the petition that at least 41 people were killed across Karachi after the rain on August 27 and 28 while many remained missing.

They submitted that the residents of Karachi, including those of DHA and cantonment areas, suffered losses worth millions of rupees due to catastrophic flooding. Petitioners’ counsels Mohsin Shahwani, Salman Mirza and others submitted that heavy rains wreaked havoc on the city and authorities responsible to handle the situation failed to perform their duties, as a result of which the residents of Karachi had been facing extreme hardship.

They said there was complete failure on part of the Karachi Metropolitan Corporation (KMC), cantonment boards, Karachi Water and Sewerage Board (KWSB), Sindh Solid Waste Management Board, DHA and Karachi Development Authority (KDA) as these authorities were extracting millions of rupees under taxes of different heads but nothing was being spent on the infrastructure. The petitioners submitted that there should have been a complete audit of their accounts as nothing was being spent on the maintenance of the infrastructure.

They pointed out tender notices issued by the CBC for cleaning and desilting of drains, sewerage system etc that were issued on April 30 and said that the cantonment board rejected the lowest bid without any reason as it was just their prerogative. They said the DHA and the cantonment board officials were not serious about tackling the catastrophic situation which was forecast at least two months before the rain.

They submitted that the cantonment board had now issued another tender whose opening date was set as September 15 after the monsoon season. The counsels also pointed out the audit report of the auditor general of Pakistan in respect of the defence services which showed serious irregularities and lack of transparency in the bidding process of different issues.

They said that as per audit reports pertaining to the years 2017-18 and 2018-19, contract works valuing Rs180,909,000 were awarded to different contractors without advertisement. which was mandatory under the PEPRA law and there was no competition amongst the bidders who may have come forward to save the national exchequer.

They said that there was no transparency at all in awarding such contracts disclosed in the audit report and there had been no preparation before the start of the monsoon season. They said that the Met Office had forecast heavy rains well before and the authorities could have prepared to meet the situation but they proved to be inefficient. The petitioners said that there was an alarming situation in Karachi as well as in the province as no official had come forward to rescue the citizens and they were left at the mercy of God. They said that the cantonment board also registered an FIR against the protesters who had gathered in front the CBC office so that a false picture could be highlighted in the news.

The petitioners sought constitution of a committee to conduct a comprehensive evaluation in respect of the drainage infrastructure and direct the DHA and cantonment boards to take all the necessary steps for the construction of an efficient storm water drainage system throughout the area. They also sought various injunctions in respect of collection of development charges, land reclamation and construction of an essential channel for drainage. A division bench of the SHC headed by Justice Mohammad Shafi Siddiqui, after the preliminary hearing of the petition, issued notices to the federal and provincial law officers, DHA and CBC and called their comments within three weeks.