Case Details

Citation(s)
2016 SLG 920 2016 SLD 920 2016 CLC 170
Sindh High Court
C.M.As. Nos. 31728, 18361 of 2014, 30920 and 27017 of 2013 in C.P. No. D-4201 of 2013, decided on 7th May, 2015. Date of hearing: 21st April, 2015.
SYED HASAN AZHAR RIZVI AND SHAH NAWAZ TARIQ, JJ
Mehmood Ahmed Khan for the Petitioner. Asadullah Memon for
Respondents Nos.2 and 7. Khawaja Shamsul Islam for
Respondent No. 3. Syed Sultan Ahmed for the
Respondent/KMC.

MUHAMMAD RAFIQ SIA

VS

PROVINCE OF SINDH through Secretary Local Government, Karachi and 5 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Operating of hydrants of non-drinking water without licence---Demolition of water hydrants by the Water Board---Scope---Contention of petitioner was that he had not obtained any water from the line / source of respondent-Board---Validity---Petitioner was running his business of supply of non-drinking sub-soil/groundwater to the industries without obtaining any licence/permission---Division Bench of High Court had passed order directing the Water Board to dismantle/remove/demolish/disconnect all illegal/unauthorized hydrants in the city---Supreme Court had also directed to take action against illegal and unauthorized hydrants---Water Board had taken action against illegal hydrants and demolished/dismantled the petitioner's hydrant---No contempt or disobedience of the Court's order had been committed on the part of Water Board---Petitioner by misrepresentation and misleading the court had obtained restraining order---Water resources were to be protected from misuse and over exploitation---Once the process of extracting the water in such a huge quantity was allowed to operate then water deposits in the aquifer would diminish rapidly and same would adversely affect the rights of masses to use the underground water according to their genuine needs---Petitioner had no permission or licence for operating such hydrant---Constitutional petition was dismissed in circumstances. ORDER SYED HASAN AZHAR RIZVI, J.--- This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan has been filed by the petitioner with the following prayers:- "(1) To declare that petition in absence of acquiring any water from the lines of Respondent No.2 is not liable to be exposed to any demolition action in this pretext as the same is illegal and in violation of fundamental rights of the petitioner as such not having force of law. (2) To direct the Respondents through its officials to act strictly in accordance with law and to ensure that the actions as required by law are carried out only whereby the fundamental rights of the petitioner legally being present are not liable to be disturbed in any…
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