| Citation(s) |
|---|
| 2017 SLG 2245 2017 SLD 2245 2017 CLC 1129 |
Sindh High Court
Constitutional Petition No. D-4747 of 2016, decided & hearing on 18-10-2016.
NADEEM AKHTAR, JUSTICE, ARSHAD HUSSAIN KHAN, JUSTICE
Syed Muhammad Yahya for Petitioner. Mir Hassan, Standing Counsel for
Respondents Nos.1 and 2. Abdullah Munshi along with Arfeen Minhas, Additional CEO, Cantonment Board Clifton for
Respondents Nos.3 to 5.
Constitutional Petition No. D-4747 of 2016, decided & hearing on 18-10-2016.
NADEEM AKHTAR, JUSTICE, ARSHAD HUSSAIN KHAN, JUSTICE
Syed Muhammad Yahya for Petitioner. Mir Hassan, Standing Counsel for
Respondents Nos.1 and 2. Abdullah Munshi along with Arfeen Minhas, Additional CEO, Cantonment Board Clifton for
Respondents Nos.3 to 5.
RUKHSANA YAHYA
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF DEFENCE AND 4 OTHERS
Law:
Section:
(a) Cantonments Act (II of 1924)--- ----Ss. 217 & 220---Water supply, maintenance of---Fundamental Right---Right to life---Scope---Contention of petitioner was that she had fulfilled all the formalities but authorities had not installed water supply meter at her house---Validity---Authorities were bound to supply/provide water to the petitioner when they were charging and collecting water tax from her---Cantonment Board was to ensure adequate and continuous water supply throughout the year not only to the petitioner but also to all the residents within its territorial jurisdiction in consideration of water tax paid by them---Cantonment Board might disentitle itself from charging, claiming or collecting water tax from the residents in case of failure to discharge its statutory duty and function with regard to supply of water---Cantonment Board, in the present case, had not, issued any notice to the petitioner to obtain water from a source of public water supply nor taken necessary steps in that behalf---Constitution had guaranteed fundamental rights to every citizen and also equal treatment vis-a-vis such rights---High Court observed that citizens who were already enjoying such Fundamental Rights should not be deprived of their rights nor such right be curtailed or restricted on the pretext of granting such rights to the new applicants/consumers---Authorities should ensure that permissions and approvals for fresh construction and new water connections were granted without disturbing, restricting or curtailing the rights of all those residents who were already enjoying such rights---Public functionaries should perform their functions and duties for safety, wellbeing and betterment of general public with prudence, vigilance and full responsibility---Question involved in the present case was of Fundamental Right to 'life' and human existence and enjoyment of amenities and facilities which a person born in a free country was entitled to enjoy with dignity, legally and constitutionally---Authorities had stated that they had arranged for additional water bowsers for the residents to whom water was not being supplied on regular basis in the water supply lines and…
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